The moment at which the United States is required to process asylum seekers at the U.S. border is being contested by the Biden Administration. In 2021, a judge ruled that the policy requiring individuals to wait across the U.S. border, started by the Trump administration, was unlawful. The judge found that the federal asylum policy violated the asylum seeker’s due process rights and administrative procedure law by making asylum seekers wait in border towns to have their cases processed.
The Biden Administration asked a circuit court to reverse the ruling. They argue that the asylum provisions of the Immigration and Nationality Act (INA) apply once the asylum seeker is in the United States. They also argue that the policy is necessary due to the lack of available space to house all of the asylum seekers. In addition, the turnback policy does not stop individuals from seeking asylum. Rather, it delays the process the Administration argues. Thus, the Administration states the turnback policy is not a violation of due process rights or administrative procedure.
The Biden administration is also asking the court to reconsider the third-country transit rule. The rule states that if an asylum applicant travels through a third country to get to the U.S. they must apply for asylum in that country before applying in the U.S. Otherwise, they will be denied and turned back.
If you have questions about the U.S. federal asylum processes or any other immigration-related issue, contact us at ILBSG. Our team of experienced and expert attorneys works with our clients in their particular situations.