A federal judge today halted the Trump administration’s “remain in Mexico” policy, which forces certain non-Mexican asylum seekers to wait in Mexico during their court proceedings
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The plaintiffs — a group of asylum seekers and organizations represented by the American Civil Liberties Union — argued the policy violates U.S. asylum law, international treaty obligations and federal regulatory requirements., San Francisco-based U.S. District Judge Richard Seeborg issued a preliminary injunction against the policy, a decision that represents another legal setback for the Trump administration’s hard-line immigration agenda. The order will take effect Friday at 8 p.m.
The ruling did not tackle the question of whether DHS has the authority to send asylum seekers to Mexico. Instead, it found that plaintiffs were likely to demonstrate that the policy did not comply with federal regulatory law.that the policy — formally known as the “Migrant Protection Protocols” — put migrants at risk of kidnapping, sexual assault, trafficking and murder in Mexico.
Seeborg, nominated to the district court in 2009 by former President Barack Obama, found the policy was not supported by federal immigration law and did not sufficiently safeguard the lives and freedom of migrants. The policy had been publicly championed by Homeland Security Secretary Kirstjen Nielsen, whose resignation was tweeted out Sunday by President Donald Trump.
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