Â鶹ӰÊÓ

Skip to main content

A key part of Biden's strategy to control immigration at the U.S.-Mexico border gets a court hearing

Migrants stand in the Rio Grande behind concertina wire as they try to enter the U.S. from Mexico near the site where workers are assembling large buoys to be used as a border barrier in Eagle Pass, Texas, Tuesday, July 11, 2023. (Eric Gay/AP Photo) Migrants stand in the Rio Grande behind concertina wire as they try to enter the U.S. from Mexico near the site where workers are assembling large buoys to be used as a border barrier in Eagle Pass, Texas, Tuesday, July 11, 2023. (Eric Gay/AP Photo)
Share
WASHINGTON -

A judge will hear arguments Wednesday in a lawsuit opposing an asylum rule that is a key part of the Biden administration's immigration policy. Critics say the rule endangers migrants trying to cross the southern border and is against the law, while the administration argues that it encourages migrants to use lawful pathways into the U.S. and prevents chaos at the southern border.

The new rule took effect May 11 with the expiration of a COVID-19 restriction known as Title 42 that had limited asylum seekers at the U.S.-Mexico border. The new rule makes it extremely difficult for migrants who come directly to the southern border to get asylum unless they use a government app to get an appointment or they've already tried to seek protection in another country before coming to the U.S. It includes room for exceptions and would not apply to children traveling alone.

The lawsuit threatens to undermine a key tool that President Joe Biden's administration has relied on to manage immigration as congressional Republicans attack the administration for what they say is a failure to control the roughly 3,220-kilometre border with Mexico. Republicans see immigration as a key issue in next year's presidential election.

A group of immigrant rights organizations that sued argues the new rule violates immigration law that allows people to seek asylum wherever they arrive on the border. The groups argue that it forces migrants to seek protection in countries that don't have the same robust asylum system and human rights protections as the United States and leaves them in a dangerous limbo.

"The rule is already inflicting untold suffering on thousands of asylum seekers, who are either being deported to persecution or stranded in Mexican states where migrants face horrific and pervasive violence," the groups argue in court filings.

They also argue that the CBP One app that the government wants migrants to use to set up appointments is faulty. It doesn't have enough appointments and isn't available in enough languages, they argue.

Also, opponents say the Biden rule is essentially a rehash of efforts by President Donald Trump to limit immigration at the southern border. A federal appeals court prevented those similar but stricter measures from taking effect.

The Biden administration has argued that the asylum rule is not a rehash of Trump's efforts but part of an overall strategy that provides a way into the U.S. for those who follow legal pathways and consequences for those who don't. They also argue that the new asylum rule was needed because it took effect when immigration numbers at the southern border were expected to skyrocket when Title 42's use went away. And, they say, the strategy is working. The number of border crossings peaked ahead of the end of Title 42 and then fell.

As for legal pathways, the government points to a program it created in January that allows 30,000 people a month to enter the country from Cuba, Nicaragua, Haiti and Venezuela if they have a sponsor and fly into an airport. Advocates for immigrants note that program covers only four countries.

Separately, Republican-aligned states are suing over that January program. A trial is slated for late August

CTVNews.ca Top Stories

The British Columbia election campaign is set to officially start today, with Lt.-Gov. Janet Austin issuing the writ for the Oct. 19 vote.

A northern Ontario man is facing a $12,000 fine after illegally shooting a moose near the Batchawan River.

Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.

A sea lion swam free after a rescue team disentangled it near Vancouver Island earlier this week.

Local Spotlight

Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.

Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.

A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.

Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.

The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.

The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.

It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.