The California federal judge, who initially vacated the Biden administration’s rule restricting asylum entries to the United States and granted a 14-day stay on the rule, rejected the federal government’s bid to extend the stay on the asylum rule during its appeal. The judge stated that the government’s argument that the rule is not illegal was not sufficient to justify keeping the rule in place on an emergency basis. The judge concluded that the defendants have not demonstrated a strong likelihood of success or a substantial case for relief on the merits.

The government presented two arguments regarding the potential harm caused by vacating the asylum-limiting rule. Firstly, they claimed that the change could jeopardize their agreement with Mexico to accept non-Mexican nationals returned or removed from the United States. Secondly, they argued that other countries might perceive the U.S. as not taking irregular migration seriously and consequently reducing efforts to control the flow of people toward the U.S. border.

However, the coalition of immigrant rights groups that sued to have the rule vacated also opposed extending the stay. They argued that government projections of unmanageable increases in border crossings were not based on an appropriate comparison and that the Biden administration’s other policies have been effective in controlling border encounters between ports of entry.

The coalition reiterated its opposition, citing precedent that renders the stayed rule illegal since it reintroduces asylum requirements that the court had already invalidated. They also challenged the government’s projections of surging asylum arrivals, stating that the data does not support such claims.

The coalition further emphasized that the ban is causing significant harm to plaintiffs and thousands of asylum seekers who face persecution and danger in the countries they are being deported to.

In light of the recent developments, the fate of the asylum-limiting rule remains uncertain, and the court’s decision will be crucial in shaping the future of asylum policies in the United States.

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

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