Writing about developments in Trumplaw here this past Sunday, I confused two Ninth Circuit decisions that were decided on the same day. Both cases are worthy of note; they are a double whammy.
In the East Bay Sanctuary Covenant case, the Ninth Circuit upheld a preliminary injunction against enforcement of a rule and presidential proclamation that, together, strip asylum eligibility from “migrants” who cross into the United States along the southern border of Mexico between designated ports of entry.
In the Innovation Law Lab case, a divided Ninth Circuit panel upheld an injunction against enforcement of the Trump administration’s Migrant Protection Protocols (“MPP”). Under the MPP, non-Mexican asylum seekers who present themselves at the southern border of the
United States are required to wait in Mexico while their asylum applications are adjudicated. The MPP must be the most effective measure implemented by the Trump administration to stem the crushing tide of illegals crossing from Mexico.
The Ninth Circuit temporarily stayed its ruling for a few days while it took up additional briefing this week. The court has now entered an order (below) reiterating its ruling but limiting the injunction to Arizona and California (the two border states within its jurisdiction). The court further stayed enforcement of the injunction until March 11 pending possible intervention by the Supreme Court.
In the meantime, the Trump administration has to deal with the fallout. As the New York Times puts it, the administration is deploying “160 troops to two ports of entry along the southwestern border before a Supreme Court decision that officials fear could prompt large crowds of migrants to seek entry into the United States.”