A judge ruled Thursday that a de facto ban on seeking asylum at the US southern border, imposed in May to stop a feared flow of migrants, can remain in effect for the time being.
A legal change earlier this year made it nearly hard for most migrants crossing by land from Mexico to file an asylum claim.
The government of President Joe Biden stated that claims would still be accepted, but only if submitted in a migrant’s home country or a country they had passed through on their journey to the United States.
The reversal came as Washington attempted to disentangle years of employing Title 42, a public health provision that effectively barred any undocumented person from entering the country and was implemented when Covid-19 swept the planet.
Critics, notably the American Civil Liberties Union (ACLU), said the provision was unconstitutional and went to court to have it overturned.
Judge Jon Tigar of the US District Court for the Northern District of California ruled last month that the policy was unlawful, but he stayed his decision for 14 days to allow the administration to appeal.
The Ninth Circuit Panel postponed that July 25 order on Thursday, pending the result of the Biden administration’s appeal.
The panel stated that it will speed up the process and requested submissions by August 24.
“The stay ruling doesn’t say anything about the legality of the ban, and we are confident that we will prevail when the court has a full opportunity to consider the claims”, said Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project.
“We are pleased that the court expedited the appeal so that it can be decided quickly, because every day the Biden administration prolongs its efforts to maintain its illegal ban, people fleeing grave danger are put in danger”, Eiland continued.
The Department of Justice stated in its appeal last month that the new border restrictions were a lawful exercise of the broad authority granted by the Constitution.
The Department of Justice stated in its appeal last month that the new border restrictions were a lawful exercise of the broad authority granted by the immigration laws.
The administration was concerned that after Covid guidelines expired, up to 200,000 people might attempt to enter the nation each month.
According to the new rules, migrants at the border must use a smartphone app to schedule an interview, which can take weeks or months.
Those from other nations must seek refuge in their native country or at specific centres in countries they pass through.
People who cross the border without going through the process forfeit their right to seek asylum.
The approach increased the burden of proof for applicants and resulted in lengthy wait times for decisions.
It did, however, include provisions for unaccompanied minors crossing the border and granted a distinct legal parole process to nationals of specific countries such as Haiti and Ukraine.
According to Customs and Border Protection records, the number of border patrol interdictions or encounters with migrants plummeted from 212,000 in April to 145,000 in June.
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