A panel for the U.S. Court of Appeals for the Ninth Circuit has limited the scope of its prior injunction blocking changes to rules that would force non-Mexican asylum seekers arriving at the southern border to wait in Mexico while their asylum applications are pending.

A divided Ninth Circuit panel last week upheld a lower court’s injunction against the Trump administration’s “Migrant Protection Protocols,” finding that policies were not authorized by Congress under the Immigration and Nationality Act, and even had they been, they didn’t meet the government’s obligation to avoid returning any alien to a territory where his or her “life or freedom would be threatened.”

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