The Biden Administration is challenging a California federal court ruling that requires border officials process migrant asylum-seekers at ports of entry. Per the U.S. code, sections 1225 and 1158, it is clearly stated that border officials are only required to inspect asylum-seekers who are “physically present in the United States”, per the Biden filings. Presence at the border, not yet physically in the U.S., does not warrant any border officials actions, per the administration. The Biden administration is challenging the finding in the Ninth circuit court of appeals, which is an ongoing lawsuit from the previous administration.

A California federal court ruled in 2021 that the government must process asylum-seekers at ports of entry. The U.S. District Judge issued that ruling after hearing claims from asylum-seekers’ they were required to wait in dangerous border towns or put their lives at risk by trying to enter the U.S. between ports of entry to request asylum.

In the appeals hearing, one U.S. Circuit Judge stated that no case in the history of the United States supports the asylum-seekers position that they must be allowed on U.S. soil. Following the hearing, the Ninth Circuit requested a supplemental briefing from the Biden administration to clarify whether the metering policy is a withholding or delay of right. If it is determined to be a delay, is it a reasonable one?

In the response, the administration stated there is no duty to inspect or process arriving asylum-seekers, prior to entry to the U.S. soil. Further, the filing pointed out that Customs and Border Protection does not have a specific timeline to complete inspection and processing requirements. At most, processing is delayed.

As always, ILBSG monitors ongoing updates to U.S. immigration policy. If you have questions about any immigration-related issue, contact us. Our team of experienced attorneys work directly with clients to ensure they get the right advice.

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