The Supreme Court could still be able to weigh in on this issue in the future, but for now, the Trump administrations policy has been ruled constitutional.
The Ninth Circuit Court of Appeals ruled Tuesday that President Donald Trump has the authority to send asylum seekers to Mexico as they wait for the United States to adjudicate their claims, handing the president a big win on immigration policy.
The “Remain in Mexico” policy seeks to curb catch-and-release by denying fraudulent asylum seekers the incentive of being released into the interior of the U.S. while their cases proceed in immigration courts.
The circuit court overruled an earlier decision by San Francisco Judge Richard Seeborg, who blocked Trump’s policy on the grounds that the administration was making the asylum process too difficult and could be putting migrants at further risk by demanding they stay in Mexico.
The Ninth Circuit temporarily issued a stay in mid-April while they reviewed the case, allowing the Trump administration to continue the policy until further notice.