A federal appeals court has upheld a block on the Biden governance’s policy of rapidly deporting migrants detained far from the U.S.-Mexico border, a decision handed down November 21, 2023. The ruling preserves protections for asylum seekers and substantially impacts the administration’s efforts to streamline immigration enforcement nationwide.
The case centers on a rule implemented in May 2023 that allowed immigration officials to quickly remove individuals apprehended anywhere in the country who did not demonstrate a credible fear of persecution. Civil rights groups and several states immediately challenged the policy, arguing it violated due process and circumvented established asylum procedures. The Court of Appeals for the district of Columbia Circuit agreed with a lower court’s preliminary injunction halting the rule’s enforcement,finding the administration had not adequately justified the sweeping changes to long-standing immigration protocols.
The Biden administration argued the policy was necesary to manage the influx of migrants at the border and alleviate pressure on overwhelmed resources. Officials maintained the expedited removal process was consistent with existing law and did not deny individuals a fair opportunity to seek asylum. Though, the appeals court found the administration failed to demonstrate a reasoned basis for the rule, notably regarding its impact on asylum seekers with legitimate claims.
“The government did not adequately explain why it changed course,” the court wrote in its opinion. “It did not, for exmaple, explain why it believed that the existing expedited removal process-which applies only to those apprehended near the border-was insufficient to address the challenges it faced.”
The ruling means that for now, migrants apprehended outside the border region will continue to be processed under existing immigration laws, which provide greater due process protections and opportunities to seek asylum. The Department of Justice has indicated it will seek further review of the decision. The case underscores the ongoing legal battles surrounding immigration policy and the Biden administration’s attempts to balance border security with humanitarian concerns.
