Federal asylum law says that to qualify for asylum, a foreigner must have a well-founded fear that they will face persecution in their homeland because of their race, religion, nationality, political opinion or another trait that makes them a particular target.
Advocacy groups argued that the Biden restrictions violate federal law, which says that anyone on U.S. soil may seek asylum, whether they crossed legally or not.Katrina Eiland, a lawyer for the American Civil Liberties Union, told Tigar that the restrictions are impeding thousands of migrants from seeking refuge in the United States and are forcing many to wait in Mexican border cities where human-rights workers have documented cases of migrants being raped, kidnapped for ransom, and killed.
Officials in the Biden administration have argued that its rules are more humanitarian than Trump administration practices because they discourage migrants from hiring mercenary smugglers or making dangerous treks across the border. Migrants can apply for asylum in more orderly ways, Biden administration officials say.Migrants can bypass the restrictions in several ways, which include scheduling an appointment with the U.S.
At the start of the hearing, Tigar acknowledged the similarities to the previous cases under the Trump administration. In fact, the advocates challenging the Biden rules had revived one of the lawsuits against the Trump administration instead of filing a new case.In November 2018, Tigar temporarily blocked the Trump administration from denying asylum to migrants who crossed the southern border illegally, saying the presidentA three-judge panel on the U.S.
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