SAN DIEGO – The United States Civil Liberties Union of San Diego and Imperial Counties today called on an appeals court to restore a San Diego
Federal court decision requiring asylum seekers to have access to a lawyer.
The demand comes after a Texas federal judge blocked the Biden administration from ending migrant protection protocols – also known as
Stay in Mexico program – which sent asylum seekers back to the border in Mexico to await their court dates in immigration court in the United States
U.S. District Judge Dana Sabraw in San Diego issued a preliminary injunction last year that ruled on asylum seekers who have expressed fears of being
returned to Mexico should be allowed to speak to legal counsel before being questioned about their concerns.
The injunction was recently overturned by the U.S. 9th Circuit Court of Appeals after the Biden administration ended the Remain in Mexico program, but
the order of US District Judge Matthew Kacsmaryk in Texas ordered the administration to implement and enforce the policy.
The United States Supreme Court subsequently refused to stay Kacsmaryk’s order and has since ordered the Biden administration to comply with its
Although the Department of Homeland Security issued a statement saying it “respectfully disagrees” with the decision and plans to challenge it,
the agency said it “will comply with the order in good faith” while the appeal process unfolds.
ACLU, which calls on 9th Circuit to restore Sabraw’s order, alleges Remain in Mexico program forced “tens of thousands of people
who sought refuge in the United States “to return to Mexico, where they were exposed” to “dangerous conditions, including kidnappings, rapes and murders.”
ACLU’s immigrant rights staff attorney, Monika Y. Langarica, said: âToday we called on the court to restore the protections the court already had.
recognized are required for people subject to the horrible Stay in Mexico policy. But let’s be clear, DHS can and should act quickly to ensure this program never puts another person at risk. ”
Langarica said the ACLU is also calling on the Biden administration “to take all measures at its disposal, including revoking the MPP and refusing, under any circumstances, to reimplement it, and immediately rescind all other policies. which hinder access to asylum in the southern border. ”
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