Ninth Circuit Defends Asylum in Two Rulings

George Tzamaras
Belle Woods

WASHINGTON, DC – Today, the American Immigration Lawyers Association (AILA) welcomed two Ninth Circuit decisions concerning asylum law and policy. In the first case, Innovation Law Lab v. Wolf, the ruling reinstates the previously stayed injunction halting the “Migrant Protection Protocols,” also known as “Remain in Mexico.” The second case, East Bay Sanctuary Covenant v. Trump, ensures that the administration cannot block someone from seeking asylum solely on the basis of where they presented themselves, either at a port of entry or elsewhere within the United States.

Jesse Bless, Director of Federal Litigation at AILA welcomed the news, “We applaud the Ninth Circuit for properly understanding that the immigration laws of this country entitle those arriving here for purposes of protection to a full and fair opportunity to be heard and have their cases considered, and that the Migrant Protection Protocols are improper and illegal.”

Mr. Bless added, “Unfortunately, the administration has already established additional policies that deny due process for asylum seekers, including the establishment of the PACR and HARP programs which deny access to counsel at the border in expedited proceedings entirely within CBP custody, and the Asylum Cooperative Agreement with Guatemala, the policy of sending asylum seekers to Guatemala to purportedly pursue protection there even though the infrastructure to adjudicate those requests fairly is entirely inadequate. AILA and its members will continue to fight these important battles with our partners and stakeholders in order to ensure everyone has access to a fair day in court.”

Cite as AILA Doc. No. 20022838.