An appeals court has granted a temporary stay for a rule that restricts asylum at the southern border. This decision is seen as a significant victory for the Biden administration, as it supports their efforts to maintain order along the US-Mexico border. The rule, implemented in May, makes it highly challenging for individuals to be granted asylum unless they have sought protection in a country they passed through on their way to the US or have applied online. However, exceptions are allowed and the rule does not apply to unaccompanied children.
The US 9th Circuit Court of Appeals has temporarily halted an earlier ruling that deemed the asylum policy illegal, thereby allowing the rule to continue being enforced. The government’s appeal to the higher court sought permission for the rule to remain in place pending the resolution of the legal battles surrounding its validity. The three-judge panel voted 2-1 in favor of the government’s request, and they have agreed to expedite the hearing for the appeal. Both sides are expected to submit their arguments to the court by mid-September, with a hearing scheduled for a later date.
The rule change was implemented following the termination of a previous policy called Title 42, which allowed the government to quickly expel migrants without giving them the opportunity to seek asylum. The primary reason behind the new rule was to protect Americans from the spread of COVID-19. However, rights groups filed lawsuits claiming that the policy endangered migrants by leaving them in northern Mexico while they waited for an appointment on the government’s asylum application system. The government argues that this rule is an essential component of their immigration policy, as it encourages individuals to follow legal pathways for entering the US while imposing severe consequences on those who do not comply.
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