CALIFORNIA (PM) — The 9th Circuit Court of Appeals on Friday ruled partially in support of the Trump administration in its endeavor to exact an asylum prohibition, appearing to support the ban for Texas and New Mexico crossings.
The court stated in a ruling that it denied the government’s broader request to reverse a previous decision blocking the policy, but upheld the injunction for states on the border outside of its jurisdiction.
The 9th Circuit runs along the West Coast and includes the border states of California and Arizona, so the ruling seems to allow for the policy to be implemented in New Mexico and Texas, the areas that see the largest number of border crossings from Mexico and Central America.
About 46,500 people crossed the U.S. border in South Texas’ Rio Grande Valley and the region around El Paso, Texas in July alone, PBS reported.
The appeals court ruled that a lower court judge, Jon Tigar, did not determine whether a nationwide ban was necessary when he ruled last month that the policy could open migrants up to abuse if they are forced to apply for asylum before reaching the U.S.
“The district court clearly erred by failing to consider whether nationwide relief is necessary to remedy Plaintiffs’ alleged harms,” the ruling stated. “And, based on the limited record before us, we do not believe a nationwide injunction is justified.”
However, the panel of judges also decreed in a related order that the asylum ban may infringe federal regulatory law because it was not issued with a sufficient period for public comment.
ACLU will “continue fighting to end the ban entirely,” Politico reported.