Posted on April 9, 2019

Judge Blocks Trump’s Wait-in-Mexico Asylum Policy

Stephen Dinan, Washington Times, April 8, 2019

A federal judge ordered the Trump administration to stop its new policy of sending asylum-seekers who jumped the border back to Mexico to wait while their cases proceed, ruling Monday that the plan was likely illegal.

Known informally as the “wait-in-Mexico policy,” and officially as the Migrant Protection Protocols, the plan was a major part of the administration’s moves to try to stem the flow of immigrants crossing into the U.S. illegally.

Judge Richard Seeborg, an Obama appointee to the bench, said not only does the policy violate immigration law, but Mexico is so dangerous that making asylum-seekers wait there — even if they’re not from Mexico — is untenable.


He gave the government until Friday to appeal, and then his ruling will take effect. Any appeal would go to the 9th Circuit Court of Appeals, which is the court President Trump regularly bashes, arguing it is biased against him.


Federal law allows the government to make immigrants who illegally jumped the border go back and wait on the other side of the border — either Mexico or Canada. But no previous administration had tested that policy.

Mr. Trump, though, included it as part of his original series of immigration executive orders in January 2017. It took two years for his administration to pull the trigger, implementing it this year as the border surge of immigrants crossing illegally grew.


The program has started slowly. The Department of Homeland Security has been reluctant to talk numbers, but was slowly expanding the program and working with Mexico to make sure the country could handle the people the U.S. would be sending back.