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Jun 4, 2025  |  
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Conrad Hoyt, Overnight News Editor


NextImg:Biden asylum policy allowed to continue after 9th Circuit pauses court order


A federal appeals court ruled that a Biden administration policy restricting asylum-seekers at the southern border can proceed for the time being, pausing an order from a lower court to block the policy.

The 9th Circuit panel ruled 2-1 that the federal court order, which was set to stop the policy next week, be paused. The decision is seen as a win for the Biden administration, especially as the president and his team have lauded the recent decrease in border crossings.

NINE TAKEAWAYS FROM THE DEVON ARCHER TRANSCRIPT


Judge Lawrence VanDyke, an appointee by former President Donald Trump and the lone dissent, blasted his fellow judges for their ruling, saying the Biden administration’s asylum policy was not “meaningfully different” from Trump administration policies that his colleagues on the panel voted to overturn.

According to Politico, he went so far as to say they ignored their own precedent and appeared to question their motives, saying he felt “the impression that something other than the law is at work here.”

Judges William Fletcher and Richard Paez were both appointed by former President Bill Clinton.

The Biden administration border policy, put forward this spring, restricted noncitizens from seeking asylum if they illegally crossed between ports of entry or failed to seek refuge in another country that they had traveled through.

Judge Jon Tigar of the U.S. District Court for the Northern District of California ruled on July 25 against the policy, putting the regulation on hold for 14 days, leaving time for the Biden administration to appeal.

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The Biden administration rule gave the Department of Homeland Security the ability to bar people from entering the United States without having to place them in extensive court proceedings and release them into the U.S.

Many saw the policy as unjust, and the American Civil Liberties Union and other immigrant rights groups sued the Biden administration over the rule.