The Biden Administration is challenging a California court decision that says border officials must handle asylum-seekers at entry points. According to U.S. laws (sections 1225 and 1158), the administration argues that officials are only required to check asylum-seekers who are physically present in the United States, not just at the border. The administration is challenging this decision in the Ninth Circuit court of appeals, continuing a legal battle started by the previous administration.

In 2021, a California court ruled that the government must process asylum-seekers at entry points. The ruling came after asylum-seekers said they had to wait in unsafe border towns or risk their lives entering the U.S. between entry points to seek asylum.

During the appeals hearing, a U.S. Circuit Judge said there’s no historical case supporting the idea that asylum-seekers must be allowed on U.S. soil. The Ninth Circuit then asked the Biden administration to clarify if their policy is withholding or delaying the right to seek asylum and if it’s reasonable.

The administration responded, saying there’s no obligation to check or process arriving asylum-seekers before they enter U.S. soil. They also mentioned that Customs and Border Protection doesn’t have a specific timeline for inspections and processing, causing delays at most.

As always, we keep an eye on updates to U.S. immigration policy. If you have questions about immigration, feel free to reach out to us. Our team of experienced attorneys is here to work with you every step of the way during your immigration journey.