Biden administration warns of disruption at border if judges halt asylum rule

U.S. Courts Newsroom


The Biden administration on Tuesday urged an appeals court to allow sweeping new asylum restrictions to stay in place, warning that halting them would be “highly disruptive” at the border.

The government is urging a panel of judges in Pasadena, California — two appointed by President Bill Clinton and one by President Donald Trump — to overturn a July ruling that sought to block the new asylum restrictions. The new restrictions made it far more difficult to qualify for asylum if a migrant didn’t first apply online or traveled through another country, such as Mexico, and didn’t seek protection there. They have remained in place during the appeal.

Although the judges didn’t rule immediately and gave no indication how they were leaning, the arguments occurred against a backdrop of Senate Republicans seeking to legislate far-reaching changes to asylum eligibility as part of President Joe Biden’s request for military aid to Ukraine and Israel.

Courts blocked similar measures under Trump but the Biden administration says its approach differs because it is coupled with new legal pathways to enter the country and creates exceptions. However, advocates represented by the American Civil Liberties Union, Center for Gender & Refugee Studies and National Immigrant Justice Center argue that they are recycled Trump-era policies that violate U.S. law allowing people to seek asylum no matter how and where they arrive.

A mobile app introduced in January allows asylum-seekers to make 1,450 appointments per day at official border crossings with Mexico, while the Biden administration has allowed up to 30,000 a month from Cuba, Haiti, Nicaragua and Venezuela to pursue asylum if they apply online with a financial sponsor and arrive at an airport.

Those new pathways represent “a very significant difference” from Trump policies, said Brian Boynton, a Justice Department attorney. Boynton also noted that 12% of the 57,700 asylum-seekers who were subject to the new rule through September avoided it by proving “exceptionally compelling circumstances,” including “acute medical emergency,” “imminent and extreme threat to life or safety” or being a victim of human trafficking.

Related listings

  • Sydney court postpones extradition hearing of former US military pilot

    Sydney court postpones extradition hearing of former US military pilot

    U.S. Courts Newsroom 10/24/2023

    A Sydney court on Monday postponed an extradition hearing for a former U.S. military pilot accused of illegally training Chinese aviators until May as his lawyers attempt to further build their case.Boston-born Dan Duggan, 55, was scheduled to fight ...

  • Judge strikes down a Texas law requiring age verification to view adult websites

    Judge strikes down a Texas law requiring age verification to view adult websites

    U.S. Courts Newsroom 09/02/2023

    A federal judge has struck down a Texas law requiring age verification and health warnings to view pornographic websites and blocked the state attorney general’s office from enforcing it.In a ruling Thursday, U.S. District Judge David Ezra agre...

  • Supreme Court won’t put Illinois gun law on hold

    Supreme Court won’t put Illinois gun law on hold

    U.S. Courts Newsroom 05/16/2023

    The Supreme Court said Wednesday that Illinois can, for now, keep in place a new law that bars the sale of certain semi-automatic guns and large-capacity magazines.The high court denied an emergency request from people challenging the law, which bans...

Our Eugene Oregon Bankruptcy Practice

Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.

Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.