Asylum Immigration Regulation Lawsuit Reaches Appeals Court

 Posted on November 10, 2023 in Immigration

When COVID-era Title 42 restrictions ended in May, the Biden administration announced new regulations for migrants seeking asylum at the Mexican border. This announcement led to a lawsuit filed by advocacy groups to block the implementation of the regulation. This week, the case made its way to the federal appeals court. Given the unknown of how this lawsuit will be resolved and the complexities of U.S. immigration law, it is critical for anyone seeking asylum to have the legal guidance of an Illinois immigration lawyer.    

Court Case

The regulation makes the assumption that most of those migrants are ineligible for asylum because they failed to ask for protection from any of the other countries they passed through during their migration to the U.S. They are also ineligible if they failed to use legal pathways to enter this country.

In July, a federal judge blocked that order in a lawsuit filed by several advocacy groups, including the American Civil Liberties Union (ACLU). The government appealed that ruling, and the regulation has been on hold while the case is pending.

This week, a three-judge panel of the 9th U.S. Circuit Court of Appeals in Pasadena, CA, heard arguments from both sides.

The government argued that up to September, 12 percent of migrants who had applied for the exception had been approved. The attorney for the ACLU responded that statistic does not give an accurate picture since most migrants are prevented from being considered for asylum because the way they entered the country violates immigration laws. A ruling from the court is pending.

Steps in Seeking Asylum

Asylum is a legal protection that allows foreign nationals to seek refuge in this country based on a well-founded fear of persecution due to nationality, religion, race, or political persuasion. To be granted asylum, there are certain steps an individual must take. The first step is to arrive at a U.S. port of entry (or already be physically in the country) and submit an application to the U.S. Citizenship and Immigration Services (USCIS). This is referred to as an offensive application. If the individual is seeking asylum because they are being threatened with deportation, it is referred to as a defensive application.

Applicants must have evidence to show they meet the asylum legal criteria. An immigration attorney can help put this evidence together to present to the USCIS. The applicant will also be required to attend an interview to present their case (for an offensive application) or immigration court (for a defensive application).

Contact an Illinois Immigration Lawyer for Legal Assistance

Regardless of how the court rules on this lawsuit, the process to seek asylum will still be a complex and overwhelming one. If you have a loved one who you are trying to help obtain asylum, call Mevorah & Giglio Law Offices at 630-932-9100 to speak with one of our skilled Illinois immigration attorneys and find out what legal options your family may have. Call our office today to schedule a free consultation.