November 7, 2023 - The Biden administration is urging the courts to continue the implementation of restrictive asylum policies, warning that ceasing these policies would cause "significant disruption" at the border.



These policies require asylum seekers to first apply online or seek protection in another country, such as Mexico, or else face greater difficulty. These policies have remained in effect since the appeals process.
 
Immigrant rights advocacy groups mount challenges
 
Previously, a group of judges in Pasadena, California, including two appointed by President Clinton and one appointed by President Trump, had raised objections to the restrictive asylum policies. These policies had been blocked by the courts during the Trump era, but the Biden administration argues that its approach is different as it combines with new legal pathways while also incorporating exceptions. However, rights advocacy groups represented by the American Civil Liberties Union, the Gender and Refugee Studies Center, and the National Immigration Justice Center argue that these policies violate U.S. law by limiting where and how people can seek asylum.
 
New asylum pathways
 
The mobile application introduced by the Biden administration allows asylum seekers to book 1,450 slots daily at official border ports with Mexico. Additionally, the Biden administration permits applicants from Cuba, Haiti, Nicaragua, and Venezuela to pursue asylum each month through online applications and arriving at airports.
 
Court decision and reactions
 
While the court has not made an immediate decision and has not shown any leanings, this debate occurs against the backdrop of Republican senators seeking significant changes to asylum eligibility as President Biden seeks military aid for Ukraine and Israel.
 
Critics of the restrictive asylum policies argue that they limit the number of asylum seekers. Still, the Biden administration contends that the policies include exceptions to address specific circumstances.
 
Possible appeal to the Supreme Court
 
Brian Boynton, a lawyer from the Department of Justice under the Biden administration, indicated that they wish to maintain this policy even if the court rules against the government, suggesting that they may appeal this case to the Supreme Court if unsuccessful.
 
This case has ignited intense debates about immigration and asylum policies, and the court's final decision will have far-reaching implications for the millions of asylum seekers and U.S. border security.
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