“The stakes are very high, if the government is granted a stay, then they will keep expanding this policy, returning more people in more locations.'
SAN FRANCISCO — A federal appeals court panel grappled Wednesday with whether to continue allowing the Trump administration to require some Central American asylum-seekers wait in Mexico while their cases proceed in the US.
Since January, the policy has been expanded across the border, including the San Diego sector, the Calexico Port of Entry, and the El Paso Port of Entry. Nearly 2,000 people have been returned to Mexico over the three months the policy has been in place, according to Mexican government officials.
It appeared two of the judges on the panel, O'Scannlain and Fletcher, were split on the statutory issue. “You’re taking the view that you don’t have to ask the person to be returned whether they have fear of being in Mexico,” he said. “I don’t see how that is not arbitrary and capricious.”
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