Trump Administration Scores a Partial Victory on Asylum Ban

A federal appeals court partially lifted a nationwide injunction against the Trump administration’s efforts to rein in the wave of Central American migrants seeking asylum at the border. . .


While the three-judge panel of the U.S. Court of Appeals for the 9th Circuit upheld a lower court’s decision to block the ban, it narrowed the nationwide injunction to the 9th Circuit, which encompasses district courts in the border states of Arizona and California.

But the panel also said in a related order that the asylum ban, implemented in July, likely violated federal regulatory law because it was issued without an adequate period for public comment.

The ACLU and others argued that the new asylum rules, which barred migrants from seeking asylum in the U.S. if they first passed through another nation on their way to the U.S. border, violated federal asylum laws and international agreements. That argument is yet to be tested, but it was good enough to get an injunction.

In the ruling Friday, all three judges on the 9th Circuit panel agreed to uphold Tigar’s temporary freeze on the ban’s implementation. However, the panel split 2-1 on the issue of limiting the scope of the injunction.

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