The Columbus Dispatch

Asylum stay policy is upheld

- Kevin Mcgill ASSOCIATED PRESS

NEW ORLEANS – A federal appeals court has dealt another blow to the Biden administra­tion’s attempt to undo former President Donald Trump’s policy requiring people seeking asylum in the United States to remain in Mexico while their asylum claims are being processed.

In a Monday night ruling, the 5th U.S. Circuit Court of Appeals in New Orleans upheld a Texas-based federal judge’s decision maintainin­g Trump’s policy, formally known as the “Migrant Protection Protocols.”

President Joe Biden’s administra­tion had appealed the August decision but also began working with Mexico to reimplemen­t the policy while the legal battle continued.

Monday’s ruling by three 5th Circuit judges said the administra­tion’s move to end the policy was arbitrary and violated a federal immigratio­n statute requiring detention of those in the country illegally pending removal proceeding­s. If there is no capacity to detain them, Judge Andrew Oldham wrote for the panel, the statute allows the Department of Homeland Security to return them to “contiguous territorie­s” while proceeding­s are pending.

Biden suspended the program on his first day in office in January, and Homeland Security Secretary Alejandro Mayorkas formally ended it in June. But Missouri and Texas sued to reinstate it. Texas-based U.S. District Judge Matthew Kacsmaryk issued an injunction keeping the policy in play, saying the administra­tion failed to follow required procedures for ending it and did not have capacity to detain all asylum-seekers.

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