The Biden administration’s efforts to limit asylum at the U.S.-Mexico border resulted in a decrease in illegal border crossings, reaching the lowest numbers since early 2021. However, these border policies are now facing legal challenges from both immigrant advocates and immigration hardliners. A crucial hearing is scheduled in California to address these new asylum rules and the CBP One App.

Under the rules implemented in May, migrants already at the border can seek asylum through the CBP One app. However, for those who cross the border illegally after passing through Mexico or another country, obtaining asylum becomes significantly more challenging. The CBP One appointments serve as the initial step in the asylum application process and admission into the U.S. while awaiting legal proceedings.

The Biden administration attributes the recent decline in illegal border crossings to the CBP One app and the new asylum rules. To incentivize following legal processes, the Department of Homeland Security allows approximately 40,000 migrants per month to make appointments through the app.

Immigrant advocates argue that the new asylum rule is unlawful as migrants can continue to seek asylum on U.S. soil, per the Immigration and Nationality Act (INA). As a result, a bottleneck is created as immigrants are required to use the CBP One app. Legal challenges against the rule were filed on the day it went into effect. Critics claim that it creates a state of limbo for individuals. Meanwhile, Republican-led states filed a separate case, claiming the Biden administration is admitting too many asylum-seekers into the country.

While the White House maintains confidence in the legality of these policies, it acknowledges the likelihood of ongoing legal battles over asylum, even if the judge in today’s hearing rules in favor of the administration.

If you have questions about any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to immigration policy to ensure our clients get the right advice for their specific situations.

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