US border agents were directed to stop deportations under President Donald Trump's asylum ban, CBS News reported Monday, citing two unnamed Department of Homeland Security officials.
The direction comes after a three-judge panel at the US Court of Appeals for the District of Columbia Circuit on Friday partially granted an order that limited the asylum ban, saying it cannot be used to entirely suspend humanitarian protections for asylum seekers, according to CBS.
Officials at Customs and Border Protection were instructed this weekend to stop deportations under Trump's asylum ban and process migrants under US immigration law, CBS said.
Last month, a lower court judge blocked Trump's ban on asylum at the US-Mexico border, saying that Trump had exceeded his authority when he issued a proclamation declaring illegal immigration an emergency and setting aside existing legal processes.
The American Civil Liberties Union brought the challenge to Trump's asylum ban in February on behalf of three advocacy groups and migrants denied access to asylum, arguing the broad ban violated US laws and international treaties.
Trump has stepped up arrests of immigrants in the US illegally, cracked down on unlawful border crossings, and stripped legal status from hundreds of thousands of migrants since January 20. He has vowed to deport millions of people in the country illegally, even as the administration has faced dozens of lawsuits across the country for its tactics.
While the appellate court partially narrowed the scope of the lower court’s order, allowing the government to use Trump’s proclamation to temporarily suspend access to the asylum system, it also upheld legal limits preventing the deportation of migrants to countries where they may face torture or persecution.
The United Nations Convention Against Torture
US law mandates that migrants be granted certain legal protections, including “withholding of removal” and protection under the United Nations Convention Against Torture, if they can demonstrate a high likelihood of facing persecution or torture in their home countries.
These protections, however, differ from asylum in that they do not grant recipients permanent residency or prevent removal to third countries.
Following the court’s decision, US Customs and Border Protection (CBP) officials were instructed over the weekend to suspend deportations under Trump’s proclamation and resume processing migrants under existing immigration law, according to two Department of Homeland Security (DHS) officials who spoke on condition of anonymity due to the sensitivity of the internal directive.
CBP officers were directed to handle cases using various legal mechanisms, including expedited removal and a fast-track deportation process. Although this procedure allows for swift deportations, migrants are still entitled to request asylum if they can credibly demonstrate fear of harm upon return to their home countries.
However, it is possible that the Justice Department will seek to suspend the court order through the Supreme Court to push through on Trump's asylum ban.
Customs and Border Protection told CBS that the administration is "Committed to ensuring that aliens illegally entering the United States face consequences for their criminal actions."
"This includes prosecution to the fullest extent of the law and rapid removal from the United States," they added. "CBP will continue to process illegal/inadmissible aliens consistent with law, including mandatory detention and expedited removal."