9th Circuit Sides With Trump Administration on Asylum Seekers

9th Circuit Sides With Trump Administration on Asylum Seekers

A Miracle for ICE?

In what many see as a stunning turn of events, the 9th Circuit Court of Appeals overturned the ruling of the lower court in regard to the status of some people seeking asylum in the United States. In the case entitled Innovation Law Lab v. McAleenan [the acting Secretary of Homeland Security] the panel ruled that certain people seeking this status can be removed to Mexico while their cases work through the courts.

The Basics

Media outlets have been covering the crisis at the southern border of the US for months — since the first caravan started traveling through Mexico. This highly charged issue has increased the rift between the political Left and Right.

The Progressive Liberals have championed the idea of an open border as evidenced by their creation of sanctuary cities. These are where illegal aliens can reside without fear of law enforcement, especially since some have actively interfered with Immigration Control and Enforcement (ICE) agents in the performance of their duties. Conservatives contend that we are a nation of laws and that people seeking entrance to the country need to follow the procedures set out in the statutes. So it is somewhat of a surprise that the left-leaning 9th Circuit ruled in favor of the administration.

The Ruling

To understand the ruling, one must understand the legal requirements for people seeking asylum in the United States. The relevant section reads:

…the applicant must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.

While many of the applicants come from poverty-stricken countries that are rife with gang violence — a situation that is so tragic no reasonable person could fault them for fleeing — it does not rise to the level of “persecution.” While anybody can apply to migrate to America, this ruling affirms the government’s position that these inarguably horrendous circumstances are not among the protected classes eligible for asylum.

The Upshot

Amidst the cacophony spewing forth from the Left calling for impeachment proceedings against President Trump, imprisoning Attorney General Barr and other politically based vitriol, the most liberal of all the circuits within the Federal Courts has ruled in favor of the rule of law.

With nearly 20,000 asylum seekers, and an additional 55,000+ “traditional” immigrant hopefuls massed just across the border, this is a very important decision. Contrary to what the Progressive Liberal lawmakers would have their constituents believe, the United States does not have access to unlimited funds, which moves this situation into the “clear and present danger” strata.

People are needed to patrol the border, process the mountains of paperwork, interview applicants and keep the people already in the States sheltered, fed and healthy. The manpower and money needed to handle this problem is staggering. Thank goodness those three judges in California issued an all-too-rare sensible ruling.