The federal judge who previously issued an injunction barring new Trump administration rules regarding asylum seems poised to revive his prior ruling's nationwide scope—despite appellate pushback.

Judge Jon Tigar of the U.S. District Court for the Northern District of California in July issued a nationwide injunction blocking new Trump Administration rules that barred asylum for the vast majority of migrants who did not apply for protection in a country they transited through before reaching the U.S.—a policy directed at stemming the tide of Central American migrants arriving at the nation's southern border via Mexico.

The U.S. Court of Appeals for the Ninth Circuit last month limited the reach of Tigar's earlier injunction to block the administration's new policy only within the Ninth Circuit's own geographic reach. The Ninth Circuit motions panel held that the plaintiffs—nonprofit groups that provide advocacy to migrants entering the country and training to lawyers representing them—were likely to succeed on the merits. However, two members of the three-judge panel found that the plaintiffs needed more evidence connecting the scope of relief with the plaintiffs' injuries.