A rule limiting and regulating asylum claims at the southern border, which marks a key element of the Biden administration’s efforts to regulate migrants in the wake of the end of the Title 42 public health order, is facing mounting legal challenges — with lawsuits from both the left and the right.
The “Circumvention of Lawful Pathways” rule was implemented as Title 42, which had allowed for the rapid expulsion of migrants at the border, ended on May 11. But now both the left-wing American Civil Liberties Union and the Republican Texas attorney general are challenging the rule in separate cases from different perspectives.
The rule presumes migrants to be ineligible for asylum if they have entered illegally and have failed to claim asylum in a country through which they have already traveled. The administration has said it is designed to discourage irregular migration and encourage migrants to use the expanded legal pathways set up.
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