2023-07-29 16:53:06
Houston∙ President Joe Biden’s immigration policies are being discussed once more in the US. The new controversy is caused by the court and the immigration control system of the state of Texas once morest the move of the Biden administration. A federal judge has struck down US President Joe Biden’s 10-week-old ‘refuge’ policy, rejecting the administration’s attempt to curb immigration across the southern border.
Judge John Tigar of the US District Court in San Francisco said the policy of forcing refugees to apply for entry to the United States from their home countries or transit countries is illegal. Tigar also stated in the ruling that the policy, which has been in place for ‘decades’, will force the asylum claims of any applicant entering the country to be considered.
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That might lead to a new surge in migrants heading to the US-Mexico border following a decline in the past two months. Tigar suspended the ruling for 14 days to give the Biden administration time to appeal. The Justice Department quickly filed a notice of appeal and said it would seek a further stay of enforcement of Tigar’s decision in the meantime.
The department claims the rules, introduced by the Biden administration in May, are a “statutory exercise of the broad authority granted by the immigration laws.” An appeal can keep the policy frozen for months. However, the case is likely to reach the Supreme Court.
∙ Control instead of covid restrictions
The ruling comes in a lawsuit brought by the East Bay Sanctuary Covenant and other migrant advocacy groups following the Biden administration announced its new approach on May 16 aimed at stopping the 200,000 migrants who try to cross the southern border each month. They argued that the Biden policy would block the opportunity to grant asylum to those at the border.
Biden enacted it as a replacement for the use of Title 42, the covid rule that has been in place since 2020 to bar the entry of immigrants as a matter of public health. Despite that law, authorities stopped more than two million people at the border last year trying to enter the United States illegally or through asylum applications.
The number has become a major political issue for Biden. Opposition Republicans accused Biden of weak border policies. With the lifting of Covid-19 border restrictions, Biden has sought to slow the flow by introducing a more rigorous process for refugees.
If at the border, you will need to use the smartphone app to get an interview appointment. It may take weeks if not months. If elsewhere they have to request asylum from their own country or at special centers in the countries they pass through. At the same time, people who cross the border without going through this process automatically lose their chance to get asylum.
In all cases, policy applicants had to shoulder the burden of proof and wait for long periods of time for judgments. However, Biden’s policy compromised the ability of unaccompanied children to cross the border. In addition, a special formal parole process was offered to citizens of some countries such as Haiti and Ukraine.
∙ Estimates that the policy is effective
The policy had an immediate impact. According to Customs and Border Protection figures, the number of border patrol stops, or ‘encounters’ with migrants, fell from 212,000 in April to 145,000 in June. But Tigar found fault with Biden’s policy on several counts. The judge said the main flaw was the lack of compliance with the Immigration and Nationality Act’s rules on asylum. And the court observed that the exemptions it offered as a matter of law were not tenable. He also pointed out that such a complex policy was rushed into action, bypassing the legally required 60-day review period.
Meanwhile, Secretary of Homeland Security Alejandro Mayorkas, who is in charge of border security, said the Biden policy is still in place. He warned migrants that they might face at least a five-year ban if they try to enter the country without documents.
English Summary: Biden’s immigration policy cancelled
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