The Biden administration was back in court this week to defend an asylum rule that makes it harder for migrants to get protection in the U.S. without trying to do so in another country first.
This policy has been around since earlier this year — when pandemic-era border restrictions were lifted. Under it, asylum seekers arriving at the border and asking for protection in the U.S. face a higher threshold for getting it, if they can't prove they tried, and failed, to find safe haven elsewhere.
A group of immigrant rights organizations led by the ACLU sued immediately, arguing the policy violates federal law by restricting the right to asylum.
A federal judge in California agreed with the groups a few months ago and ruled to block the new policy. The 9th Circuit Court of Appeals agreed to pause that decision while the Biden administration filed an appeal.
Federal lawyers were back in court to make that argument this week. The three judge panel at the 9th Circuit has not yet made a ruling, but the rule remains in effect at the border.
