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Biden Administration Urges Appeals Court to Uphold Asylum Restrictions, Warns of Border Disruption if Halted

Biden's plea to Appeals court comes amidst protests outside its premises, and as Senate Republicans mull altering asylum qualifications; Trump-era measures argue migrant route and legal entry restrictions violate asylum law.

  • The Biden administration implored the appeals court to maintain the new restrictive asylum regulations, suggesting their cessation would cause significant disruption at the border.
  • The new restrictions, which remained in place during the appeal, challenge a migrant's eligibility for asylum if they haven't applied online beforehand or sought protection while passing through another country such as Mexico.
  • Despite protests from advocacy groups represented by the American Civil Liberties Union, Center for Gender & Refugee Studies, and National Immigrant Justice Center, the administration claims these restrictions diverge from Trump-era policies by providing new legal avenues for entry and creating exceptions.
  • Through initiatives like a mobile app and allowance for asylum requests from Cuba, Haiti, Nicaragua and Venezuela, the administration created additional channels for asylum-seekers. About 12% of asylum-seekers have reportedly bypassed the new rules by demonstrating exceptions such as being a victim of human trafficking or facing life-threatening issues.
  • In defense of the policy's impact, data was presented indicating a decline in illegal crossings from Mexico since the restrictions took effect. Should the court rule against the policy, the administration implied readiness to take the matter to the Supreme Court.
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