The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.
Latest in Asylum
This guide describes the scope and context of Biden’s early immigration executive actions, outlines where their effect is limited, and emphasizes where more action is needed.
The judge held that the rule exceeded the power of both the attorney general and the Department of Homeland Security and issued a nationwide temporary restraining order against the rule’s implementation.
A federal appeals court has upheld an injunction against a Trump administration asylum curb, finding that the measure conflicted with the immigration statute.
Regulations proposed by the Department of Homeland Security and the Department of Justice, if adopted, would significantly reduce access to asylum protection for people fleeing persecution through significant changes to substantive law and due process procedural rights.
In response to the novel coronavirus pandemic, the Justice Department submitted draft legislation last week asking Congress to implement proposals including allowing judges to toll statutes of limitations during emergencies and relaxing requirements of the Speedy Trial Act. The department also proposes to allow video teleconferencing for preliminary hearings, stating that this would “ensure that defendants are able to access courts shortly after their arrest.”
On Feb. 28, the U.S. Court of Appeals for the Ninth Circuit cast doubt on the legality of the “Remain in Mexico” program and a rule limiting access to asylum.
On Feb. 28, the U.S. Court of Appeals for the Ninth Circuit issues two rulings affirming nationwide injunctions against two Trump administration immigration policy. One ruling (Innovation Law Lab et al v. Chad Wolf et al) affirmed the injuction against the "Remain in Mexico" and the other (East Bay Sanctuary Covenant v.
On Sept. 11, the Supreme Court stayed a preliminary injunction imposed by Judge Jon Tigar of the U.S. District Court for the Northern District of California against the third country asylum rule recently issued by the Department of Homeland Security (DHS). The rule would bar foreign nationals who cross the U.S.-Mexico border from receipt of U.S. asylum when they transit through a third country without applying for protection in that country.
The U.S. District Court for the Northern District of California has reinstated a nationwide ban on a Trump administration rule barring people at the southern border from seeking asylum unless they had previously done so in Mexico or another third country. The U.S. Court of Appeals for the Ninth Circuit had previously ruled that the preliminary injunction against the rule was only enforceable within the Ninth Circuit.