The US Court of Appeals for the Ninth Circuit heard arguments on Tuesday over President Joe Biden’s asylum policy that adds restrictions to migrants seeking asylum. The policy assumes that migrants who do not use legal pathways to enter the U.S. are ineligible for asylum.
The policy was previously permitted to remain following a decision by a federal court in California to strike it down. During the most recent hearing, a three-judge panel heard arguments from both parties involved in the dispute, which begun with the US Department of Justice (DOJ).
The DOJ began by stating that the plaintiff organizations challenging the policy do not have a “legally cognizable interest” in the dispute as they only endure financial impacts. However, the plaintiffs rejected this argument, reminding the court that neither the district court nor the Ninth Circuit had dismissed the case due to a lack of standing.
On the contentions’ merits, the DOJ maintained that the Biden asylum policy is distinguishable from a prior immigration policy under former President Donald Trump’s administration. The DOJ emphasized that the current policy aims to enhance border efficiency rather than reject asylum applications. This is complemented by the so-called robust exceptions, which were absent from the Trump policy. One such exception arises from the use of the CBP One Mobile Application by asylum applicants, which enables them to avoid the presumption of illegality.
However, the plaintiffs contended that the Biden policy is illegal as it dictates the “overwhelming majority” of asylum seekers must enter at a port of entry to be considered eligible. They insisted that under federal law, the government must not consider the mode of entry when assessing asylum seekers.
Finally, this policy is not the only matter concerning the southern border facing the Biden administration. On October 30, a federal judge in Texas granted a temporary restraining order to the state of Texas, preventing the federal government from interfering with Texas’s fencing at the U.S.-Mexico border.
The ongoing developments in U.S. asylum policy continue to have profound implications for both potential migrants and the American legal landscape. With a final decision on these policies yet to be reached, the global community of legal professionals eagerly awaits further updates on this critical issue.