Biden’s Team Defends New Asylum Rule, Distinguishes it from Trump Era Policies

On Wednesday, the Biden administration contended in a court hearing that its new asylum regulation significantly diverges from the policies enforced under former President Donald Trump. The case was presented before a judge who had previously overruled Trump’s attempts to restrict asylum at the US-Mexico border.

Department of Justice attorney Erez Reuveni, who represented the case, emphasized, “2023 is not 2019.” The newly instituted rule establishes high barriers for migrants attempting to secure asylum directly at the southern border, unless they either schedule an appointment via a government app or have already sought refuge in a transit country on their journey to the US.

Critics argue the new rule essentially mirrors Trump’s policies, leading to a sense of deja vu during the online hearing. Federal judge Jon S. Tigar, based in San Francisco, who will adjudicate the case, has previously ruled against the Trump administration’s two bids to restrict asylum.

The Biden administration implemented the new rule on May 11, coinciding with the end of the Title 42 COVID-19 restriction, which had limited asylum seekers at the U.S.-Mexico border. Meanwhile, the lawsuit challenging the rule unfolds amid Republican criticism of the administration’s handling of the approximately 2,000-mile (3,220-kilometer) border with Mexico.

The Biden administration contends that the rule directs migrants towards legal entry points into the U.S., aiming to avoid border chaos. However, immigration rights groups, who are suing to abolish the rule, argue it jeopardizes migrants and violates law.

Judge Tigar signaled that he would probe deeper into the government’s arguments than those presented by the groups opposing the asylum rule. He also alluded to his past encounters with Trump’s asylum policies.

Arguing in defense of the Biden administration, Reuveni noted that exceptions are being provided at a rate of 9%, underscoring the differences between the Biden and Trump era policies. “This is not a toothless exception,” he said.

The American Civil Liberties Union’s attorney, Katrina Eiland, representing the immigrant rights organizations challenging the Biden rule, contended it infringes immigration law allowing asylum requests anywhere along the border.

Eiland emphasized the serious consequences of the rule, stating, “Thousands of people with valid claims … have been ordered removed and in many cases removed to likely persecution.”

Tigar, who was appointed by President Barack Obama, has been an outspoken critic of Trump’s immigration policies. He also opposed the Trump administration’s attempt to restrict asylum to individuals who did not apply for protection in transit countries. This measure would have impacted unaccompanied children; however, the Biden rule excludes them.

The Supreme Court eventually permitted the Trump rule to take effect, while the regulation limiting asylum applications to official border entry points was mired in litigation and never implemented.

Immigrant rights groups argue that the Biden rule pushes migrants to seek protection in countries lacking the robust asylum system and human rights safeguards of the US, leaving them in a perilous state of limbo.

However, Reuveni countered, asserting notable progress in countries like Mexico, Belize, and Costa Rica where migrants could seek refuge. He defended the administration’s methods to offer legal pathways for migrants, including the criticized CBP One app.

Reuveni emphasized the impact of the new rule and other measures, pointing out a significant reduction in encounters at the southern border since the Title 42 expiration.

Regardless of Judge Tigar’s ruling, the case is expected to go to appeal. Tigar anticipated that his decision would be delivered within a week, and if unfavorable to the government, he agreed to delay the ruling’s effect for 14 days to allow for an appeal.

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Follow Santana on Twitter @ruskygal.

Frequently Asked Questions (FAQs) about Biden’s Asylum Rule

More about Biden’s Asylum Rule

• Biden’s Immigration Policies
• Trump’s Immigration Policies
• Asylum Law in the US
• Understanding Title 42
• Impact of Immigration Policies on Migrants