9th U.S. Circuit Takes Up Third-Country Asylum Rule

Published: Monday, December 2, 2019 - 5:05am
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The legal challenge to the Trump administration’s third-country asylum rule goes before the 9th U.S. Circuit Court of Appeals on Monday morning.

The rule blocks most migrants from requesting asylum, if they passed through a third country on the way to the U.S. Mexico border, but didn’t seek help there. In September, the Supreme Court let the so-called asylum ban take effect while the legal fight continues.

The next battle is at the 9th Circuit, and whoever loses will likely appeal, said Muzaffar Chishti director of the Migration Policy Institute’s office at New York University law school.

The Supreme Court made a surprise move by intervening in the case early on, so Chishti believes the case will ultimately end up back with the high court.

“It will be odd for (the Supreme Court) not to take the case up when it comes for the full review on merits," he said.

Chishti said if the 9th Circuit rules before January, and then the Supreme Court takes up the case, there would be a final ruling on the third-country asylum rule around the start of summer.


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