Court Rules in Favor of Asylum Restrictions in Texas & New Mexico

On August 8th, The 9th U.S. Circuit Court of Appeals ruled in favor of the Trump administration’s plan to impose an asylum ban after it approved the ban for migrants who cross the U.S. border into Texas and New Mexico.

Although the court denied the government’s request to reverse a decision that halted the policy, its ruling ultimately upheld the injunction for states on the border inside of the 9th Circuit’s jurisdiction. The 9th Circuit has jurisdiction over California and Arizona, and will likely clear a path for the policy to be enforced in New Mexico and Texas, where roughly 46,500 people crossed the border through the Rio Grande Valley during the month of July alone.

Under the Trump administration’s policy, asylum seekers coming from Central American countries will be denied if they didn’t file for protections in another country first. This means the thousands of migrants who have been waiting patiently in Mexico to cross the border legally are going to be forced to apply in that country and wait for a case result before they can apply for asylum in the U.S.

The 9th Circuit ruled that lower court judge, Jon Tigar “clearly erred by failing to consider whether nationwide relief is necessary to remedy Plaintiffs’ alleged harms.” According to the court, “Based on the limited record before us, we do not believe a nationwide injunction is justified.” The court’s judges also ruled that the asylum ban could potentially violate federal regulatory law because it was not issued with enough time for the public to comment on its content.

At Davis & Associates, we sympathize with immigrants who come to the U.S. to seek asylum because they fear for their safety and family’s well-being. That is why we are here to provide you with the legal support you need to successfully navigate the U.S. immigration system. Call (214) 999-1942 to schedule your free case consultation today.