The order comes after a week of upheaval at the Department of Homeland Security, where officials have drawn the ire of Trump for not doing more to stem the flow of migrants coming to the border.
In some cases, those attempts were blocked by federal courts, such as a policy to deny asylum for those who crossed the border without authorization.
On Friday, circuit judges Paul J. Watford, Diarmuid F. O'Scannlain, and William A. Fletcher ordered a temporary stay of Seeborg’s injunction pending resolution of the request filed by the government. Briefing on the matter is due on Tuesday. Judy Rabinovitz, deputy director of the ACLU’s Immigrants Rights’ Project, said that decision was “an interim step while the court considers the government’s stay request.”The ACLU’s lawsuit was focused Migrant Protection Protocols, the most recent attempt by the Trump administration to discourage migrants, including asylum-seekers, from trying to enter the US. The policy went into effect Jan. 28 and initially was focused on single adults at the port of entry in Tijuana.
Before handing in her resignation, then-Homeland Security Secretary Kirstjen Nielsen announced that the policy would also be expanded to other locations along the border. Under the policy, certain migrants at the border receive a “notice to appear” in US immigration court and are returned to Mexico until their hearing date.
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