The US Court of Appeals for the Ninth Circuit recently allowed President Joe Biden’s new asylum policy to remain in place, granting the administration’s motion for an emergency stay. This comes after last week’s filing by the Biden administration to keep the policy in place whilst appealing a previous federal district court ruling that struck down the policy.
Implemented after the controversial Trump-era immigration policy, Title 42, expired in May, the new asylum policy presumes that migrants who do not use legal pathways to enter the US are ineligible for asylum. This policy has been widely criticized by human rights organizations, following its announcement by US Secretary of Homeland Security Alejandro Mayorkas in May.
The court sided with the Biden administration, agreeing that blocking the new asylum policy would lead to severe disruptions at the southwest border. As a result, the ruling of the federal district court has been put on hold whilst the Biden administration proceeds with its appeal which may take time.
However, The Court’s ruling was not unanimous, as Circuit Judge Lawrence VanDyke was the lone dissenter in the 2-1 vote. It mirrored District Judge Jon Tigar’s sentiment who, at the level of the district court, found the new asylum rule to be similar to Trump-era rules that the court had previously struck down.
The new asylum policy requires migrants to use an app, CBP One, to book an asylum hearing. If migrants fail to schedule a hearing through the app, they must prove the app was inaccessible or that they have a viable asylum claim at a US port of entry. Failing to do so, the policy presumes they are ineligible for asylum, resulting in a minimum five-year ban and possible criminal prosecution if they attempt reentry into the US.
Tensions continue to escalate at the US southern border, the central focus of the new asylum policy. This tension was highlighted when Mexican authorities recently found two bodies along the Rio Grande. One of these bodies was recovered from a recently installed floating barrier by Texas Governor Greg Abbott, aimed to reduce the influx of migrants. The floating barriers are now the subject of a lawsuit between the Biden administration’s Department of Justice and the state of Texas.