Biden Administration Asserts Distinction in New Asylum Rule Amid Controversy

In a recent court hearing, the Biden administration defended its new asylum rule against comparisons to the efforts made by former President Donald Trump. The hearing was presided over by Jon S. Tigar, a San Francisco-based federal judge who previously nullified Trump's attempts to limit asylum on the U.S.-Mexico border.

The new asylum rule, implemented on May 11, poses significant challenges for migrants arriving directly at the southern border seeking asylum. Unless migrants use a government app to schedule an appointment or have already attempted to seek protection in a country they passed through en route to the U.S., obtaining asylum becomes exceedingly difficult. Critics argue that this rule is merely a revamped version of Trump's initiatives, sparking a sense of déjà vu during the online hearing.

Erez Reuveni, the Department of Justice lawyer representing the Biden administration, stated that the current rule differs from Trump's asylum restrictions, pointing out that exceptions are being granted at a rate of 9%, contrary to being entirely restrictive.

The Biden administration's argument revolves around encouraging migrants to utilize lawful pathways into the United States while preventing disorder at the border. However, immigration rights groups, who are currently suing to challenge the new rule, assert that it puts migrants in jeopardy and violates immigration laws allowing asylum seekers to apply for protection wherever they arrive on the border.

As the court hearing unfolded, Judge Tigar indicated that he would pose more inquiries to the government than the opposing groups. The judge also referred to his previous experience with Trump's asylum-limiting endeavors. Notably, Tigar ruled against Trump's efforts to restrict asylum to those who didn't apply for protection in transit countries before reaching the U.S.

The lawsuit comes amid criticism from congressional Republicans, who accuse the Biden administration of failing to control the U.S.-Mexico border, which stretches approximately 2,000 miles (3,220 kilometers).

The court's ruling, regardless of the outcome, is anticipated to be appealed. Judge Tigar expects to issue his decision within a week or less. If he rules against the government, the administration has requested a 14-day grace period before the decision takes effect, allowing them time to appeal.