Federal Appeals Court Blocks the Trump Administration’s “Remain in Mexico” Policy—But It Will Remain in Place for Now

According to a report from The Washington Post, the Ninth Circuit Court of Appeals blocked the Trump Administration’s implementation of the Migrant Protocols Protocols (MPP)—often referred to more simply as the “Remain in Mexico” policy. However, later in that afternoon, the San Francisco-based federal court voted to suspend its order, which will allow the MPP to remain in place—at least for now. Below, our  asylum attorney provides an overview of the Ninth Circuit’s decision and explains what happens next. 

Ninth Circuit: Government Lacks Authority to Implement “Remain in Mexico” Policy

In the case of Innovation Law Lab v. Wolf, a three judge panel of the Ninth Circuit Court of Appeals found that the Trump Administration lacked the legal authority to establish and implement the “Remain in Mexico” policy. Beyond the lack of statutory authority, the panel also determined that the policy violates key provisions of the Refugee Act—which prohibits the U.S. government from sending asylum seekers to countries where they are likely to face persecution. There has been well-documented reporting of asylum seekers, including children, being sent to overcrowded and dangerous conditions

The Court Issued a Stay—Temporarily Suspending the Ruling

Unfortunately, the Ninth Circuit’s block of the “Remain in Mexico” policy was also in place for a few hours. The Department of Justice (DOJ) and Customs and Border Protection (CBP) immediately challenged the decision. They argued for a suspension of the ruling on the grounds that it could cause irreparable harm to United States interests. Without explaining its reasoning, the Ninth Circuit Court quickly lifted its block of the policy—effective immediately.  

The Case is Likely Headed to the Supreme Court

While the Ninth Circuit Court of Appeals has suspended its ruling, the decision is still in place. The short term effect is that nothing has changed at this point. The Administration has already confirmed that it will continue with the “Remain in Mexico” policy—this despite the very serious questions that have been raised about migrant safety. 

However, the Ninth’s Circuit’s decision has set the table for a high stakes battle to head to the Supreme Court of the United States. The nation’s highest court, which is dominated by a 5-4 Conservative majority, has, for the most part, shown considerable deference to the Trump Administration on immigration issues. Our legal team will keep a close watch on this case and all other developments. 

Call Our Asylum Lawyer for Immediate Assistance

At the Goldstein Immigration Lawyers, our practice is dedicated to advocating for the rights and interests of immigrants. We handle the complete range of immigration issues, including asylum cases. If you have questions about the “Remain in Mexico” policy, we are here to help. To arrange a confidential case evaluation, contact our team today. We represent clients in Los Angeles and throughout the surrounding region in California, including in Orange County, San Bernardino County, and Ventura County.