FILE - Migrants seeking asylum from India walk towards a staging area before being transported and processed, Wednesday, June 5, 2024, near Dulzura, Calif. President Joe Biden has suspended asylum processing at the U.S. border under a new policy unveiled this week. But the proclamation has an exception for “operational considerations.
“By enacting an asylum ban that is legally indistinguishable from the Trump ban we successfully blocked, we were left with no choice but to file this lawsuit,” said Lee Gelernt, anissued last week would limit asylum processing once encounters with migrants between ports of entry reach 2,500 per day. It went into effect immediately because the latest figures were far higher, at about 4,000 daily.Hundreds of asylum-seekers are camped out near Seattle.
Biden invoked the same legal authority used by the Trump administration for its asylum ban, which comes under Section 212 of the Immigration and Nationality Act. That provision allows a president to limit entries for certain migrants if their entry is deemed “detrimental” to the national interest. “We stand by the legality of what we have done,” Homeland Security Secretary Alejandro Mayorkas said on ABC’s “This Week” before the lawsuit was filed, saying he anticipated legal challenges. “We stand by the value proposition.”
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