Appeals Court Allows Biden Administration Asylum Rule to Stay in Place

, Clinton-appointed judges William Fletcher and Richard Paez of the U.S. Court of Appeals for the Ninth Circuit issued the stay and ordered the appeal expedited.

Biden’s policy prohibits some migrants from applying for asylum if they did not first apply for protections from other countries while traveling to the United States. Biden’s policy went into effect on May 12 and was slated to have a two-year lifespan. The president announced this policy after his administration ended Title 42.it “arbitrary and capricious.” Tigar’s ruling would have terminated the asylum rule on August 8 had the appeals court not taken action.

In his dissent, Judge Lawrence Van Dyke noted the Biden policy is not “meaningfully different” from the Trump rule and suggested political bias was at play because the appeals court previously overturned the Trump administration’s version of the policy.“The Biden administration’s ‘Pathways Rule’ before us in this appeal is not meaningfully different from the prior administration’s rules that were backhanded by my two colleagues,”VanDyke, a Trump appointee.

“For those who value the rule of law, following precedent, and predictability, one must conclude Judge Tigar had no choice but to vacate the current administration’s Pathways Rule for the reasons that he first provided and my colleagues then established as binding precedent during the Trump administration,” VanDyke continued.wrote“I wish I could join the majority in granting a stay. It is the right result.

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