Ninth Circuit Appellate Court Allows ‘Return to Mexico’ Policy to Remain In Force…

A win for the Trump administration in the ongoing effort to stem the influx of migrants crossing the U.S-Mexico border seeking asylum.  The ninth circuit federal appeals court ruled (full pdf below) that the Trump administration can continue returning Central American migrants to Mexico while their requests for asylum in the U.S. are adjudicated.

The Ninth Circuit decision is a victory for the administration.  The ruling stays the effect of a decision last month by a judge who blocked the policy while it was being challenged.

(WSJ) […] The policy, officially named the Migrant Protection Protocols, is more commonly known as “Back to Mexico” or “Remain in Mexico.”

While Tuesday’s court action isn’t a final decision on the merits of the case, the appeals court held that several legal factors favored allowing the Trump administration to administer the policy while the litigation continues.

A three-judge panel of the Ninth Circuit, in an unsigned opinion, said the administration likely had a legal basis for the policy. The court also said the Department of Homeland Security would be irreparably harmed if the court “takes off the table one of the few congressionally authorized measures available to process the approximately 2,000 migrants who are currently arriving at the nation’s southern border on a daily basis.”  (more)


Here’s the full ruling:


This entry was posted in Big Government, Big Stupid Government, Decepticons, Dem Hypocrisy, DHS, Donald Trump, Illegal Aliens, media bias, Mexico, President Trump, Uncategorized, USA. Bookmark the permalink.

91 Responses to Ninth Circuit Appellate Court Allows ‘Return to Mexico’ Policy to Remain In Force…

  1. Katherine McCoun says:

    Winning, step by step, inch by inch. They have been appointing judges, getting trade deals worked out, improving the economy, bringing US $ back to the US and then improvement on improvement starts to yield some great results.

    I love it when a plan comes together!

    Liked by 35 people

  2. thedoc00 says:

    This could be the incentive needed for Mexico to close their Southern Border, if enough are dumped back on their soil.

    Liked by 22 people

    • mopar2016 says:

      Start dumping ALL of the illegals back in Mexico.

      They’ve been dumping the third world on the US taxpayers for many decades.
      Let’s see how they like it. Let em scream about their humanitarian crisis.
      Let Mexico keep all the leeches, rapists, bums, and the disease ridden.
      That’s good for em.

      Liked by 3 people

  3. CNY3 says:

    CA has a Circuit Breaker…

    Liked by 8 people

  4. delighteddeplorable says:

    This is huge. Pigs are flying, hell is freezing over and all the rest of it.

    Liked by 12 people

  5. Elric VIII says:

    ‘Bout damn time!

    Liked by 3 people

  6. Tiffthis says:

    Why is the 9th circuit agreeing with the President so much lately. They scared of something and trying to get on his good graces? They hoping he won’t keep replacing activist judges with constitutional judges? I’ll take the win, but I’m a suspicious cat 🤨

    Liked by 4 people

    • Carrie2 says:

      Tiffthis, remember Trump has gotten TWO judges in the 9th CC so it may be they are being heard and are offering real common sense to the others. Hopefully soon to have a third and then the others will have to bow down and try being real judges!

      Liked by 9 people

    • snellvillebob says:

      Maybe the Mueller Report is making them feel insecure? Kind of like the Nazis when the armies of dozens of countries crossed their border. I can imagine Hillary shouting “Hold till the end” at them but most surrendered.

      Liked by 1 person

    • Beau Geste says:

      If the 9th circus blocked the “return to mexico” policy, while the litigation is continuing in the 9th circus, PDJT could seek emergency relief in the Supreme Court. The 9th circus wants to keep it bottled up there as long as they can.

      Liked by 2 people

    • Patty FromTexas says:

      9th circuit has always been a very left leaning democrat dominated court. With the two judges Trump appointed 2 weeks ago it’s now flipped conservative. This particular court has been a thorn in the side of Republicans for years. Trump is appointing Constitutional judges steadily, relentlessly and he still has another 6yrs to shape the Judicial branch.

      Liked by 7 people

      • 3rdday61 says:

        Patty, the really sad part is that it is necessary to preface the title of judge with the word ‘Constitutional’. Legally, it’s in their job description.

        Liked by 6 people

    • mopar2016 says:

      President Trump is reshaping the 9th circus. Nothing wrong with that.
      It’s hard to believe but it’s happening.

      Liked by 3 people

  7. Yeah!!! Second time in the last month + the 9th Circus has ruled correctly.

    There are still a number of open seats on the 9th for PDJT to fill and almost flip.

    Liked by 11 people

  8. Do Stop Thinking About Tomorrow says:

    What an amazing day of winning.

    Liked by 2 people

  9. So at 2000 illegals a day that’s a lot of of bus trips to South of the border. My guess is water cannons and tear gas would be a lot cheaper. How is a free ride back not just a revolving door, maybe we need to be a little less welcoming, maybe just a tad bit more hostile. Just wondering?

    Liked by 5 people

    • Garrison Hall says:

      I was at the Grayhound station the other day when a bunch of illegals arrived. There were about 50 or more in the group, all were well dressed and really didn’t look all that much different from the other travelers at the station. They accompanied by a “minder” who obviously was employed by one of the NGOs that are funding and organizing the “refugee” caravans. These people were not refugees. They were here illegally and will surely take jobs away from working class Americans because they’ll work for a fraction of “normal” wages. This is what the US Chamber Of Commerce and a good portion of both parties want. They want globalization, open borders, cheap labor . . . and to hell with the livelihoods of working American citizens. One estimate is that 3 million a month are coming here, most of whom bypass the border patrol. This has to stop. We’ve been betrayed by both Democrats and Republicans.

      Liked by 15 people

      • roger duroid says:

        Hawaii is a state, they can fly them there, release at airport and be done. Last time I flew from Hawaii to mainland, they checked I was US citizen or had passport/visa to leave. The illegals couldn’t leave Hawaii to get back to mainland while their “Amnesty” claims are adjudicated, at least on the airlines or cruise ships. Besides, once they are released by immigration they are bio identified and can be spotted by immigration if they try to leave hawaii. I’d bet it is a cheap to fly 500 to hawaii on chartered 747 as it is to keep them in custody for a month at the profit making NGOs centers.

        Hawaii deserves every one of them, let angry senator horatio figure out how to feed and clothe them once they are out of US immigration control.

        Liked by 4 people

      • Lindenlee says:

        I predict that within a year or two, bounty hunting will again become a respected and well-remuneratee occupation, hunting illegals and bringing them to ICE… One cucaracha after another. I hope so, although I am past my prime.


    • Dee Paul Deje says:

      Let’s end this today.

      Liked by 6 people

    • mopar2016 says:

      Dem politicians in the border states claim that there is no crisis at the border.
      Yet they ask our president for more money to help with the flood of illegal aliens.

      Liked by 2 people

  10. tomidlewood says:

    Just more winning! This is a huge victory which will stop catch and release. The open borders crowd along with the abolish ICE cretins will cry us a river. I brought my kayak for the torrent.

    Liked by 2 people

  11. California Joe says:

    Gee, they felt safe enough to walk day and night across 2,000 miles of Mexico without any protection but an Obama judge thinks they’re unsafe staying in Mexico????

    Liked by 5 people

  12. Jan says:

    Most important: It lifts a national injunction. This could help Texas’ battle as well. Yee haw!!

    [And the House is too busy to notice today because of the bugaboo over AG Barr, Mueller & executive privilege….Winning one day at a time!!]

    Liked by 3 people

  13. 9th Circuit is probably influenced by their Senior Advisor, Cher.

    Liked by 1 person

  14. calbear84 says:

    News flash…Mexico doesn’t want them either! End the invasion now! Wall, deport, MAGA.

    Liked by 1 person

  15. Timmy-the-Ute says:

    But Ann Coulter says President Trump is betraying the Country.

    The reason there are caravans is because congress dog whistled the caravaners they could come as long as there is no funding for the wall and there are sanctuary jurisdictions.


  16. Hays,TX says:

    List of federal judges appointed by Donald Trump

    “As of May 2, 2019, the United States Senate has confirmed 102 Article III judges nominated by President Trump, including 2 Associate Justices of the Supreme Court of the United States, 37 judges for the United States Courts of Appeals, 63 judges for the United States District Courts, and 0 judges for the United States Court of International Trade.

    There are currently 55 nominations to Article III courts awaiting Senate action, including 5 for the Courts of Appeals, 48 for the District Courts, and 2 for the Court of International Trade.

    There are currently 8 vacancies on the U.S. Courts of Appeals, 121 vacancies on the U.S. District Courts, 4 vacancies on the U.S. Court of International Trade, and 16 announced federal judicial vacancies that will occur before the end of Trump’s first term (2 for the Courts of Appeals and 14 for District Courts).”


    • snellvillebob says:

      Total number of Judges appointed by Presidents:
      Supreme Court of the United States…………9
      US Court of Appeals Circuit Courts………..179
      US Bankruptcy Judges……………………….352
      US Court of International Trade……………….9
      US District Courts (judges)………………….678
      US District Courts (magistrates)*………….523
      Approximate count………………………..1,774 (includes part-time magistrates)

      Liked by 2 people

  17. tomidlewood says:

    Hopefully, this court “ruling” will allow for the apprehensions and deportations of those millions already in America illegally. Both groups seem at substantial risk — perhaps using national guard to support ICE actions is in order. More hires too, just not until supremes weigh in.


    • Rami says:

      I saw an “interview” of a female illegal alien, who stated the coyotes wanted $8k to bring her acrosso the Border. When asked where she got the money, she stated the US, that relatives in the US sent the money to pay.
      Would love to see remittances taxed through the roof!

      Liked by 6 people

  18. farinc says:

    There must be a God after all. Praise the Lord.


  19. Scarlet says:

    I look at these pictures and simply cannot believe the amount of illegals trying to break in on a daily basis. It’s horrifying.

    Liked by 4 people

    • mopar2016 says:

      Thousands come here illegally every day.
      I want to hear about thousands being deported every day.
      Tired of hearing that “apprehensions” are waaaaaaaaaaay up at the border.
      Silly word games.

      That’s not apprehension, that’s interception, and then the invaders are in our wallets, neighborhood, schools, hospitals, and everywhere else. And guess who’s forced to pay.
      We Americans shouldn’t be forced to pay for the enemies effort to steal our country.
      They breed like rabbits and I really wanted DACA to be ended on day one.
      This country would really be screwed without president Trump

      Liked by 2 people

  20. snellvillebob says:

    Where are they getting the ten thousand dollars or more to bribe their way thru Mexico? Follow the money and I am betting the name of Geroge $oros comes up.

    Liked by 2 people

  21. OSP says:

    Heard yesterday on one of the radio talk shows that illegals are now using another tactic other than claiming asylum when being caught or turning themselves in to BP personnel. Not sure exactly what it was, but if I understood correctly, it bypasses the asylum application process, and in effect, allows the illegals to almost immediately be released into the country.


  22. PInky1920 says:

    Well dressed, good walking shoes, overweight…

    They’re NOT refugees, they’re INVADERS. It makes my blood boil. Fix the s***hole you ruined. And stay there.

    Liked by 5 people

  23. grumpyqs says:

    MAGA Every Day!


  24. Elle says:

    Why do I think this is just a NIBY move after Trump said he would bus all the immigrants up to sanctuary cities? Liberals just want their votes and underpaid labor upon demand. They don’t want to actually house and feed them. The shelters are completely overwhelmed and it’s becoming icky for Barbara Streisand and Alex Baldwin to have to step over so many of them.


  25. If we had an FBI, that was capable of more than planting spies in the White House, we could hope for a RICO act investigation of those funding this invasion. My mistake that would involve real criminal investigation, not plotting a COUP d’etat. Easier to overthrow the government, then do real law enforcement, and stop millions of illegal border crossings. Soon WE will have to flee, except this was THE LAST BASTION OF FREEDOM, USA!

    Liked by 3 people

  26. Terri says:

    Now we need the Southern District of New York to come to their senses.


  27. askandgettruth says:

    i will never get tired of winning. i guess someone shook up the 9th circuit court. yes the wall will work for all of us.come here legally or stay in your hell-hole.

    Liked by 2 people

  28. dawg says:

    Thank God!

    Now can we run some commercials on the radio in Mexico, Honduras, Guatemala and Nicaragua telling them all this info!! Maybe drop some flyers too?

    They need to know that they will be returned to Mexico until their case is heard, YEARS from now.

    Liked by 3 people

  29. Anon says:

    This could be “the switch in time that saved the Ninth”.

    Liked by 1 person

  30. Lactantius says:

    Wowsers!!! This Judge W. Fletcher is a piece of work: Our panel heard oral argument on an expedited basis, a week after the motion was filed. I regret that my colleagues on the motions panel have uncritically accepted the Government’s arguments. I am hopeful that the regular argument panel that will ultimately hear the appeal, with the benefit of full briefing and regularly scheduled argument, will be able to see the Government’s arguments for what they are—baseless arguments in support of an illegal policy that will, if sustained, require bona fide asylum applicants to wait in Mexico for years while their applications are adjudicated

    Judge W. Fletcher includes the “law” in his opinion. The law specifically states “If they are found to have a credible fear of persecution in their home country, and are therefore potentially eligible for asylum…..” Stop and admire the picture windows in this wording: “credible fear” and “potentially eligible.”

    If (and we do) we can hobble the jurisdiction at the boarder by bending over backwards in the foot-dragging process of adjudicating “credible fear” and “potential” eligibility, then we have no protection whatsoever.

    Many years ago, a teen-aged deaf-mute, who was a feral male was arrested in Chicago for murdering prostitutes. The silliness ensued that the deaf-mute could not be taught to communicate because there would be no way to instruct him on the nuances of avoiding self-incrimination. He made a rough drawing which appeared to be him cutting up a woman. The justice system went crazy, It was determined he could not understand the rule of law as a feral being and that getting him to the point of understanding nuances would only cause him to indict himself. But he was also determined to be sane, but feral.

    The law is a game played out by in a court before a judge who decides the winner. It is a sporting contest at which lives and fortunes are at stake.

    Judge W. Fletcher smells of cheap legal cologne. He chastises his two fellow judges for “uncritically” accepting the arguments of the government. He then cites the law which permits every illegal alien to grasp hold of “credible” fear and “potential” eligibility. What the heck? He is literally basing his opinion on “beyond the shadow of a doubt.”

    You know full well, that if precision and strict construction wins his point, that will be on that road as he chooses what is most beneficial to his needs at the time. Judge W. Fletcher is a sheet flapping in the wind.

    Liked by 1 person

  31. Maggie Gray says:

    Yes, this is a win. But there’s always a but and we need more help.

    Even now hundreds and hundreds a day are fed up with the backlog at ports of entry and have said to heck with asylum claim. They’re just walking into the country in other areas.

    We can’t send them back across the border unless they’re Mexican so with a pat on the back they are being waved into the country.

    Now, when they hear about the ruling, there’ll be even more and there’s nothing I know of we can do about it.


  32. law4lifeblog says:

    “We can’t send them back across the border unless they’re Mexican so with a pat on the back they are being waved into the country.”

    Not true. The CA’s can be sent back to the last safe country through which they passed. That’s Mexico.

    Liked by 3 people

  33. frangelica1 says:

    Finally! Some great news for the Trump administration regarding illegal immigrants and refugees!


  34. vocem meam says:

    They simply didn’t want the President to dump the illegals into the sanctuary cities.

    Liked by 1 person

  35. Cuert says:

    This ruling is such a no brainer. It boggles he mind to think it’s even controversial; but that’s where we are today!


  36. lam says:

    So how does this work? Is there any limit on the number of additional family members they can find when they return to the US?


  37. Sue Fowler says:

    Begging Cali to secede.
    NO ASYLUM. A total scam. Bought children. Lies. All for free stuff.
    NO IMMIGRATION FOR 10 years.
    Deport EVERY invader and moslem.
    America First.


  38. Chuck Arnold says:

    OUCH! that had to hurt, the traitors.


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