New immigration policy already causing Biden legal headaches

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A lawyer for the state of Texas cited the policy as it fights to maintain concertina wire along the border

Immigrant rights groups have vowed to challenge the new Biden rules as a violation of existing law and treaty obligations. | Gregory Bull/APPresident Joe Biden’s attempt to crack down on illegal immigration is already being leveraged in court by administration critics who favor an even tougher approach at the southern border.

“They told the district court and this court and the Supreme Court, essentially the toehold theory: If you get one toe into the United States, you are entitled to the asylum process. That is not consistent with what the president said two days ago, that … they can turn off the asylum process, if too many people are trying to come into the country,” Nielsen said during the court session in New Orleans.

Immigrant rights groups have vowed to challenge the new Biden rules as a violation of existing law and treaty obligations. It’s unclear precisely what form such legal challenges will take, since some existing asylum limits are already being litigated and some suits over Trump-era policies are still active or on appeal.

At the court session, Justice Department attorney Melissa Patterson said the Texas lawyer’s claims about Biden’s new policy were inaccurate and that it does not completely foreclose asylum proceedings for everyone who is encountered by the Border Patrol after the daily quota is exceeded.

 

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