US Court of Appeals Upholds Biden’s New Asylum Policy Amid Border Tensions
The US Court of Appeals for the Ninth Circuit has granted an emergency stay, allowing President Joe Biden’s new asylum policy to remain in effect amidst escalating tensions at the US-Mexico border. The court’s ruling came after the Biden administration filed a motion to appeal a federal district court decision that struck down the policy.
Biden’s new asylum policy was introduced following the expiration of Title 42, a controversial immigration policy implemented during the Trump era. Under the new policy, migrants who do not enter the US through legal pathways are considered ineligible for asylum. The announcement of this policy in May drew criticism from numerous human rights organizations.
The court sided with the Biden administration, stating that blocking the implementation of the new asylum policy would cause significant harm to the government, the public, and potentially disrupt border operations. Therefore, the federal district court’s decision has been put on hold while the Biden administration pursues its appeal.
However, it is worth noting that the court’s ruling was not unanimous. Circuit Judge Lawrence VanDyke dissented in a 2-1 vote, concurring with District Judge Jon Tigar’s previous decision to strike down the policy. VanDyke argued that the new asylum rule closely resembled Trump-era policies that had been previously invalidated by the court.
According to the new asylum policy, migrants are required to use an app called CBP One to schedule their asylum hearings. Failure to secure an appointment through the app necessitates providing evidence of the app’s inaccessibility or a viable asylum claim at a US port of entry. If migrants cannot fulfill these requirements, they are presumed ineligible for asylum. Consequently, those who attempt to reenter the US may face a minimum five-year ban and potential criminal prosecution.
The ruling coincides with rising tensions along the southern border, which lies at the heart of the disputed asylum policy. Recent events have underscored the challenges faced by authorities in controlling the border. Just this week, Mexican authorities discovered two bodies along the Rio Grande. One of the bodies was found near a floating barrier recently installed by Texas Governor Greg Abbott in an attempt to stem the flow of migrants crossing from Mexico into Texas. The installation of these barriers has led to a lawsuit between the Biden administration’s Department of Justice and the state of Texas.
The court’s decision to preserve the Biden administration’s new asylum policy highlights the complexity and ongoing debate surrounding immigration at the US-Mexico border. While this ruling provides temporary validation for the policy, the legal battle will continue as the administration seeks to secure a more permanent resolution. As the situation unfolds, the importance of balancing humanitarian concerns with border security remains a key challenge for the current administration.
