Court temporarily halts Trump's 'Remain in Mexico' policy

29 Février, 2020, 03:28 | Auteur: Anatole Charbonneau
  • Second Circuit

The Trump administration can withhold federal money from seven states, as well as New York City, over their cooperation on immigration enforcement, a federal appeals court ruled Wednesday.

The decision, which was hailed as a victory for "public safety" by the Justice Department, reversed previous rulings by appeals courts in Chicago, Philadelphia and San Francisco in 2018.

ACLU attorney Judy Rabinovitz, who argued the appeal, said: "The court forcefully rejected the Trump administration's assertion that it could strand asylum seekers in Mexico and subject them to grave danger".

Citing to the 2012 Supreme Court case Arizona v. The Ninth Circuit's decision not only ignores the Constitutional authority of Congress and the Administration for a policy in effect for over a year, but also extends relief beyond the parties before the Court.

She explained, "These conditions help the federal government enforce national immigration laws and policies supported by successive Democratic and Republican administrations". "These policies also encourage illegal immigration and even human trafficking by perpetuating the lie that in certain cities, illegal aliens can live outside the law".

"Such policies make their cities and states less safe, and put them at risk of losing valuable federal dollars".

In July 2017, then-Attorney General Jeff Sessions announced that applicants for Edward Byrne Memorial Justice Assistance Grants would have to comply with federal immigration enforcement.

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The funding conditions announced by then-Attorney General Jeff Sessions affected almost $26 million of annual grants to the seven states and $4 million to New York City. Most recently, in January 2020, Amnesty International was invited to tour secretive tent courts built at ports of entry exclusively to hear cases of individuals placed into this program and came away gravely concerned by the government's systemic violations of its own policies governing the program as well as significant due process concerns inherent in the program.

The MPP program is keeping roughly 65,000 migrants in Mexico prior to their long-delayed asylum pleas in court.

But the 2nd Circuit said its reading of the law showed that the federal government has the authority to impose conditions on states and localities receiving federal grant money.

The central government practice found out that the Justice Department was not absolute, dictatorial and constant in imposing and ruling the states and locals that obeys the central government immigration law when distributing the Byrne grant funds.

Opponents say MPP has exposed asylum seekers to extreme danger in violent Mexican border cities while they wait for us court hearings.

Trump administration officials have repeatedly cited the policy as a success and attributed it in part to the drop in arrests along the southern border.

Trump promised to build a wall along most of the 2,000-mile (3,200-kilometer) US-Mexico border - paid for by Mexico - during his 2016 presidential campaign. This is despite widespread popular opposition to the attacks on immigrants.

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