Biden’s asylum policy remains in effect as 9th Circuit halts court order.
A Win for the Biden Administration: Appeals Court Allows Asylum Policy to Proceed
A federal appeals court has made a significant ruling regarding the Biden administration’s policy on asylum-seekers at the southern border. The court has decided to temporarily allow the policy to continue, pausing a previous order from a lower court that sought to block it.
The 9th Circuit panel, with a 2-1 vote, determined that the federal court order, which was scheduled to halt the policy in the coming week, should be put on hold. This decision is undoubtedly a victory for the Biden administration, particularly as they have been celebrating the recent decline in border crossings.
A Dissenting Voice
However, Judge Lawrence VanDyke, an appointee by former President Donald Trump, expressed his disagreement with the ruling. He criticized his fellow judges for their decision, arguing that the Biden administration’s asylum policy is not significantly different from the policies of the previous administration, which the panel had previously voted to overturn.
According to Politico, Judge VanDyke even went as far as suggesting that his colleagues ignored their own precedent and questioned their motives, implying that there may be factors beyond the law influencing their decision.
The Background
The Biden administration introduced the border policy earlier this year, aiming to restrict noncitizens from seeking asylum if they crossed the border illegally or failed to seek refuge in another country they had passed through. This policy was met with criticism and legal challenges.
Judge Jon Tigar of the U.S. District Court for the Northern District of California ruled against the policy on July 25, temporarily halting its implementation for 14 days to allow the Biden administration to appeal.
The policy granted the Department of Homeland Security the authority to prevent individuals from entering the United States without subjecting them to lengthy court proceedings and instead releasing them into the country.
Various groups, including the American Civil Liberties Union and other immigrant rights organizations, filed lawsuits against the Biden administration, arguing that the policy was unjust.
Overall, this recent ruling by the appeals court provides a temporary victory for the Biden administration, allowing them to proceed with their asylum policy while the legal battle continues.
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