Ninth Circuit Lifts Injunction Blocking DHS From Holding Asylum Seekers During Proceedings

Seattle — Late Monday night, the Ninth Circuit Court of Appeals lifted an injunction from the Western District of Washington, Seattle, which would have blocked the Department of Homeland Security from holding immigrants in federal custody indefinitely while they await they wait for their asylum case to be decided upon unless they are released under highly restrictive guidelines decided upon by immigration officials. However, the Ninth Circuit did decide to uphold the framework of the decision from the District Court while the appeals process continues. The decision comes as a 50-50 victory for the Trump administration, who have issued two new rules in the last two weeks regarding asylum claims and the removal of immigrants at the border.

In reaction to the lift of the District Court injunction, White House Deputy Press Secretary Steven Groves provided the following statement, “We are pleased that the Ninth Circuit partially granted the government’s stay application in this case pending further appeal. Unfortunately, in the same decision, the Ninth Circuit also allowed a radical decision from a district judge to go into effect during the pendency of the government’s appeal, which had held unconstitutional a section of the Immigration and Nationality Act. Based on the unprecedented theory that illegal aliens who recently entered the country have a constitutional right to be released on bond into the United States, the district court struck down a statute passed by bipartisan majorities in Congress during the Clinton administration specifically requiring certain aliens to be detained pending their asylum proceedings. We strongly disagree with that decision and expect to prevail on the merits of the appeal and to see the law upheld.”

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