Attorney: Trump's 'partial' win in 9th Circuit merely a delaying tactic

Monday, August 19, 2019
 | 
Chad Groening (OneNewsNow.com)

"USA Border" signAn immigration attorney believes a court ruling last week partially in favor of President Donald Trump's asylum policy is an attempt to delay the Supreme Court from intervening in the issue.

On Friday, the Ninth U.S. Circuit Court of Appeals limited a lower court's order blocking Trump's policy of rejecting asylum claims at the U.S.-Mexico border for migrants who arrived after transiting through a third country. The injunction by U.S. District Judge Jon Tigar will be limited to Arizona and California and won't apply to New Mexico or Texas.

Art Arthur, a resident fellow in law and policy at the Center for Immigration Studies, explains the court's decision.

"It found that the government failed to make the strong showing that was required for a stay of the injunction; that they were likely to succeed on the merits of the issue as to whether or not a third country asylum interim final rule was valid," he offers.

Arthur

"But," he continues, "it found that in order to give the plaintiffs in that case – which were all headquartered in California – the relief that they sought, that the injunction should be limited only to the Ninth Circuit, which means it only applies in California and Arizona."

Tigar – an Obama appointee – ruled that the Trump policy could expose those entering the country illegally to violence and abuse, deny their rights under international law, and return them to countries they were fleeing.

Arthur believes this issue must still be addressed by the Supreme Court.

"I expect that they're going to have to issue a decision with respect to nationwide injunctions fairly soon," he tells OneNewsNow. "I think that the Ninth Circuit's order is an attempt to put off that day a little bit longer by limiting the injunctive relief the district court granted."

The Trump administration's policy would deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. The Associated Press reports that most people crossing the southern border are Central Americans who would largely be ineligible. The policy would also apply to people from Africa, Asia, and South America who come to the southern border to request asylum.

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