By Jon Dougherty
When it comes to Leftists opposed to POTUS Donald Trump’s immigration policies, the president hasn’t won many court battles, but he picked up a victory on Tuesday that could be a very important factor in stemming the tide of humanity streaming towards the U.S. from Central America.
A panel of three judges on the U.S. Court of Appeals for the 9th Circuit ruled that the administration can continue sending asylum-seeking migrants to Mexico to wait for their cases to be heard.
Judge Diarmuid O’Scannlain, an appointee of former President Ronald Reagan, authored the 11-page opinion and wrote that the administration was likely to succeed on legal challenges to the policy under federal immigration and regulatory law.
O’Scannlain also said the Homeland Security Department could face harm if a federal court order freezes one of its enforcement tools.
“DHS is likely to suffer irreparable harm absent a stay because the preliminary injunction takes off the table one of the few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the nation’s southern border on a daily basis,” he wrote.
The other two judges — Obama and Clinton appointees — supported the policy and allowed it to stay in effect, but nevertheless raised questions about it in separate, concurring opinions.
Judge William Fletcher, the Clinton appointee, argued that existing federal statute did not allow DHS to send migrants to Mexico under the program.
“The government is wrong,” he wrote. “Not just arguably wrong, but clearly and flagrantly wrong.“
And yet, by supporting O’Scannlain’s opinion, Fletcher must also believe that the administration was very likely to succeed on the merits of its case.
The Gateway Pundit noted:
Last month Judge Richard Seeborg blocked President Trump’s policy of returning asylum seekers to Mexico as they wait their turn for an immigration judge to hear their cases.
Judge Seeborg, an Obama appointee in San Francisco, granted a request by a civil liberties group that sued the Trump Administration on behalf of 11 asylum seekers from Central America.
The lawsuit claims the Trump Administration violated US law by failing to properly evaluate the dangers that migrants face in Mexico — it also accuses DHS officials of depriving migrants of their right to apply for asylum.
Tuesday’s appeals court ruling will remain in effect as the case continues to wind its way through the federal courts.
- Follow Jon Dougherty on Twitter at @JonDougherty10