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Ouch. I did not see that coming at all.
This means, I believe, that starting I believe immediately? the government can refuse credible fear interviews to every asylum seeker who enters in Texas or New Mexico, except for Mexicans.
This means, I believe, that starting I believe immediately? the government can refuse credible fear interviews to every asylum seeker who enters in Texas or New Mexico, except for Mexicans.
Because the other case challenging Asylum Ban 2.0 did not produce an injunction, this means that Asylum Ban 2.0 is now fully in effect in New Mexico and Texas immediately.
Asylum seekers will now have a much harder time accessing protection in the US.
Asylum seekers will now have a much harder time accessing protection in the US.
For more background on Asylum Ban 2.0 and why today's decision letting it go into place in Texas and New Mexico is such a big deal, here is a piece from my colleague Caroline Walters, who explains just how much the ban guts our humanitarian protections.
immigrationimpact.com/2019/07/16/tru…
immigrationimpact.com/2019/07/16/tru…
Under today's order, those who enter in CA and AZ (17,086 last month) will be able to ask for asylum, while those who enter in NM and TX (64,963 last month) will not, unless they're Mexican.
Lesser protections like "withholding" will be available, but they're much harder to win.
Lesser protections like "withholding" will be available, but they're much harder to win.
If this situation continues, smugglers may encourage more people to cross in California or Arizona instead of New Mexico or Texas. This could have very dangerous consequences—Arizona has long been one of the deadliest places to cross the border, and temperatures are extreme now.
So what's next? Well, the plaintiffs could ask the Ninth Circuit "en banc" to overrule the panel and impose the injunction nationwide—or go back to the District Court to shore up the analysis. Alternatively, another lawsuit could be filed in NM or TX. But that will take time.
Another possibility? A D.C. Circuit panel could reverse the lower court's in the other case challenging Asylum Ban 2.0, and that could lead to a separate nationwide injunction.
But again, that will take time. So for at least a few days, Asylum Ban 2.0 is in place in NM and TX.
But again, that will take time. So for at least a few days, Asylum Ban 2.0 is in place in NM and TX.
