Topline
The American Civil Liberties Union sued the Biden administration Thursday in an attempt to block its new restrictions placed on asylum seekers as Covid-era Title 42 border restrictions finally expired at midnight.
Migrants try cross the United States border before the Title 42 policy, which allows for the … [+]
Key Facts
The ACLU is attempting to block the Biden administration’s new asylum policy, which restricts asylum for migrants who traveled through another country on their way to the U.S., unless they formally applied for asylum before entering the U.S.
The ACLU, in a Northern California federal court filing, argued that the new rules are an attempt to “resuscitate and combine the illegal features of the two previous asylum bans” that were struck down by federal judges earlier.
The ACLU argues that the rule is “convoluted” and its requirements are “virtually impossible” to fulfill, as they require either securing one of a limited number of appointments at a port of entry.
Other exceptions like obtaining advanced parole or applying for and being denied asylum in a transit country are also a challenge, the ACLU argues, pointing out that the former is only available to people in a “handful of countries” and the latter is also difficult to access due to “overwhelmed or nonexistent asylum systems in transit countries.”
The new asylum policy went into effect just before Title 42 expired at midnight on Friday.
Crucial Quote
The ACLU filing criticized President Joe Biden, noting: “After campaigning on a promise to restore our asylum system, the Biden administration has instead doubled down on its predecessor’s cruel asylum restrictions…seeking asylum is a lawful pathway protected by our laws regardless of how one enters the country.”
Key Background
The Biden administration’s policy has also faced pushback from the right with Florida Attorney General Ashley Moody (R) filing a lawsuit Thursday seeking to block the release of vetted asylum-seekers from holding facilities without court dates. The release plan was previously reported by NBC News citing a Department of Homeland Security spokesperson who said its intention was to prevent overcrowding in federal facilities. Moody, however, argues that the plan is similar to the administration’s earlier “Parole + Alternatives to Detention Policy,” which was struck down by a court in March. The scramble to establish a border strategy comes ahead of an expected surge in border crossings by asylum seekers as Title 42 expires. The rule was put in place back in March 2020 by the Trump administration and allowed officials to quickly expel migrants at the southern border, designed to prevent the spread of Covid-19. The rule expired on Thursday night at 11:59 p.m. as the U.S. government has officially ended to all national emergencies linked to the pandemic.
Further Reading
Florida Sues Biden Administration Over Plan To Release Migrants On Parole After Title 42 Ends (Forbes)
House Passes Border Wall Bill As Title 42 Expiration Prompts Fears Of Migrant Surge (Forbes)
Source: https://www.forbes.com/sites/siladityaray/2023/05/12/aclu-sues-to-block-biden-administrations-new-asylum-restrictions-as-title-42-expires/