The Department of Justice has asked the Supreme Court to block an order from an appeals court that could keep the “Remain in Mexico” policy pushed by the Trump Administration from being carried out along the Southwest border.
Last month, the 9th Circuit Court of Appeals found that the policy, in which most non-Mexican asylum seekers who enter the U.S. through the border with Mexico be sent back to the country while they await their hearings, appeared illegal. The policy came into effect in January 2019.
The court lifted its own ruling temporarily at the request of the DoJ, but another order on Wednesday stated that the decision will take effect in Arizona and California starting next week without intervention from the Supreme Court. The court noted that it’s “very clear” that the policy is in violation of the law and causes “extreme and irreversible harm to” those seeking asylum.
Solicitor General Noel Francisco argued in an emergency stay filing with the Supreme Court on Friday that the ruling will cause “a rush on the border” if not blocked.
"Absent a stay, the injunction is virtually guaranteed to impose irreparable harm by prompting a rush on the border and potentially requiring the government to allow into the United States and detain thousands of aliens who lack any entitlement to enter this country, or else to release them into the interior where many will simply disappear," he wrote, according to Politico.
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