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Anything Biden tries on immigration ‘will be challenged in court’

Media Contact

Damien Sharp

The Biden administration is expected to propose new changes to the asylum system on Thursday that would result in quicker asylum rejections following border crossings.

Stephen Yale-Loehr, professor of immigration law at Cornell Law School, says that such a change is likely to be challenged in court.


Stephen Yale-Loehr

Professor of immigration law

“Under the current system, asylum bars based on national security and other factors are determined at the formal interview stage. The administration apparently plans to propose applying the asylum bars instead during the initial credible fear screening stage.

“Such a change would be much narrower than previous ideas previously floated, such as an executive action preventing certain people from even entering the United States. But it would still be likely to be challenged in court.

“The Biden administration is between a rock and a hard place. Anything the administration tries to do on immigration will be challenged in court. But the public is demanding immigration changes. The Biden administration seems damned if it tries to do anything to resolve the border crisis and damned if it doesn't.”

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