The U.S. Court of Appeals—whose decision was reported the morning of September 23—invalidated a Trump-era regulation that allowed asylum seekers to be summarily removed to a ‘safe’ third country without a full merits hearing in the United States. The panel held that the Department of Homeland Security exceeded its statutory authority and violated notice-and-comment requirements when issuing the rule. Because the decision came from a federal appellate court, its nationwide injunction takes immediate effect. Practically, the ruling means ICE and CBP may no longer re-route Central American or other migrants to countries such as Guatemala or El Salvador under the so-called ‘Asylum Cooperation Agreements.’ All pending third-country transfers must cease, and individuals previously removed under the program could be entitled to reopen proceedings. For corporate mobility, the case matters less for employee transfers than for overall border-management stability. The now-defunct policy had strained relations with partner countries and complicated humanitarian parole programs that many multinational companies use for at-risk employees and family members. Its removal may also reduce litigation risk for employers that sponsor pro bono asylum cases through corporate responsibility programs. The government is expected to petition for rehearing en banc or seek Supreme Court review, but attorneys say the administrative-law defects are significant. Unless Congress passes new statutory authority—a remote prospect in an election year—the third-country deportation strategy appears dead.
Source: Shortgo News Wire
