Federal appellate judges considering a legal challenge to the so-called “third country” asylum rule—Trump Administration rule changes that bar asylum for migrants who fail to apply for protection in a country they transit through to reach the U.S.—raised concerns about the lack of evidence that asylum seekers would be safe in applying for asylum in venues such as Mexico or Guatemala.

But the three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, hearing arguments Monday over an injunction barring the rule’s implementation, likewise raised concerns about the nationwide scope of the injunction issued earlier this year by U.S. District Judge Jon Tigar of the Northern District of California.

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