Overview

• 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.