The Biden Administration’s policies to limit asylum at the U.S.-Mexico border reduced the number of illegal border crossings. But some immigrant advocates don’t agree with the new rules. They say they are too strict and don’t give a fair chance to those seeking asylum. An important hearing is scheduled in California to address the new asylum rules and the CBP One app.

Under the rules that took effect in May, individuals already at the border can use the CBP One app to seek asylum. But for those who crossed the border without a legal basis after passing through Mexico or another country, it’s more difficult to get asylum now. The CBP One app is the first step to start the asylum process and enter the U.S. while waiting for a legal hearing.

The Biden administration says the reason there are fewer border crossings without a legal basis is because of the CBP One app and the new rules. To encourage following legal processes, DHS allows approximately 40,000 migrants each month to make appointments using the app and limits asylum applications for those who cross the border without having an appointment.

Immigrant advocates think the new asylum rule is unlawful because they believe anyone on U.S. soil should be allowed to seek asylum, as the INA law says. The new rule requiring individuals to use the CBP One app is creating a backlog. The day the rule went into effect, legal challenges were filed against it. Critics say this situation leaves people in a state of uncertainty. On the other hand, some states, led by Republicans, filed a separate case, saying that the Biden administration is allowing too many asylum-seekers into the country.

The White House is confident that these rules are legal, but they know there might be more legal fights about asylum, even if the judge in today’s meeting supports the administration.

If you have any questions about immigration issues, please contact us. We keep up-to-date with immigration rules and are with you every step of the way.