Innovation Law Lab v. McAleenan

In January 2019, the Department of Homeland Security implements new policy of returning many Central American asylum applicants to Mexico while an immigration judge resolves their claims. District court: This policy is unlawful. Ninth Circuit (motions panel): Actually, the gov’t is likely enough to win that we shall allow the policy to proceed pending appeal. Concurrence: In practice, though, it seems likely this policy is returning people to Mexico even though they’ll be persecuted there. Concurrence in result: There is no statutory basis for DHS’s policy, and the merits panel should recognize the government’s position as “baseless arguments in support of an illegal policy.”

Tags: 2019, DHS, Immigration, Ninth Circuit

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