A California federal judge, who previously voided the Biden administration’s asylum restrictions, rejected the government’s plea for an extended stay on the rule during the appeal process. Initially, the judge granted a 14-day stay on the rule, but the government’s argument that the rule is not illegal failed to convince the court to maintain the stay. The judge concluded that the defendants did not present compelling evidence of a strong likelihood of success or a solid case for relief on the rule’s merits.
The government raised two concerns regarding the potential issues of overturning the asylum-limiting rule. First, they argued that this change might jeopardize their agreement with Mexico to accept non-Mexican nationals who were returned or removed from the United States. Second, they expressed concern that other countries might perceive the U.S. as not taking irregular migration seriously, leading to reduced efforts in controlling the flow of people towards the U.S. border.
On the other side, the coalition of immigrant-rights groups, who sued to have the rule voided, opposed the extension of the stay. They argue the government’s projections of unmanageable increases in border crossings. They believe that the comparisons made were not appropriate. The coalition also pointed out the effectiveness of the Biden administration’s other policies in controlling border encounters between ports of entry.
The group emphasized their opposition by noting previous rulings that show the stayed rule illegal, as it reintroduced asylum requirements that the court had previously invalidated. They further argue that the government’s projections of surging asylum arrivals do not support such claims.
The group emphasizes the significant harm caused by the ban to the plaintiffs and the thousands of asylum seekers who face persecution and danger in the countries they are being deported to.
Given these recent developments, the fate of the asylum-limiting rule remains uncertain, and the court’s decision will play a pivotal role in shaping the future of asylum policies in the United States.
If you have any questions or concerns about immigration-related issues, feel free to reach out to us at ILBSG. We closely monitor ongoing updates to U.S. policies to ensure that our clients receive the right advice for their specific situations.