Joe Biden’s administration has the green light to turn back immigrants found or detained at the border, seeking asylum without a previously scheduled appointment with the CBP One digital tool.
The U.S. District Court for the Southern District of California said in a preliminary hearing Friday that it lacked jurisdiction to grant an injunction in favor of a coalition of plaintiffs seeking to vacate recent changes to the government’s asylum policy. These changes force immigrants seeking asylum at the border to go through a CBP One application before being authorized.
Specifically, the court told the plaintiffs’ coalition that it had “no authority” to grant the requested injunction. The court based its decision on a Supreme Court ruling in June that upheld the government’s deportation priorities, saying enforcement of federal immigration law falls within the federal government’s powers.
The case against the expansion of CBP One
In the case, the government asked a federal court to end the practice of “deporting asylum seekers who arrive at points of entry without a prior CBP One appointment.”
As alleged by a group of plaintiffs formed by the Al Otro Lado Organizations, Haitian Bridge Coalition, American Immigration Council (AIC), Center for Constitutional Rights And Center for Gender and Refugee Studies, The immigration policy regulating the CBP One tool has “caused irreparable harm to claimants by denying them access to the asylum process and forcing them to wait for that access in dangerous and dangerous conditions in Mexico.”
The court’s ruling, which did not “lack jurisdiction” to rule on the case, gave the Biden administration the green light to continue returning immigrants who are detained at the border without a scheduled or legal basis with CBP One application. Must be in America.
The federal case is based on the fact that until before the application took effect, the Asylum Act allowed aliens to come to the border without prior appointment and claim existing asylum benefits authorized by Congress. Biden has used his executive power to change the process of restricting undocumented aliens from entering the country in an effort to better manage the resources available to him because of a lack of resources to address the crisis at the border. Provided by Congress.
Reactions to the Court’s Judgment
The court’s decision was criticized by the plaintiffs. They recalled that in November 2021, the Department of Homeland Security (DHS) issued guidance that clearly stated that “the government cannot require asylum seekers to obtain a pre-appointment appointment at any time to approach a port of entry.” United States,” said the American Immigration Council (AIC).
“Although documents submitted by the government in this case confirm that this directive (regulating CBP One) was disseminated to border agents, they routinely violated their own agency’s directives,” he added.
“Today’s ruling allows the administration to continue to generate illegal income that endangers people seeking protection. But it does not address the merits of the pending case questioning the legality of the government’s actions,” he added.
“The government should follow its own policies and process asylum seekers at the southern border regardless of whether they are lucky enough to get an appointment,” the coalition said.
In addition to the claim that the Biden administration failed to comply with its own guidelines issued in 2021, the plaintiffs argue that the administration’s policy of deporting asylum seekers without prior appointment by CBP One “violates US law, human rights, and due process.” Asylum seekers and the United States’ obligations under international law prohibit the government from returning refugees to countries where they face persecution or torture.”
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