Advocates for migrants filed a lawsuit late Thursday in federal court challenging a new Biden administration restriction on asylum that officials say will deter unlawful crossings along the U.S.-Mexico border.
The policy, which mirrors Trump-era rules, disqualifies migrants who cross the southern border without permission from getting asylum if they did not first ask for humanitarian refuge in a third country, such as Mexico, on their way to the U.S.
Under U.S. asylum law, migrants on American soil are allowed to request protection, regardless of how they entered the country. Because the system is massively backlogged, migrants wait an average of years for a decision. The legal threshold for asylum is very high and many migrants don't ultimately meet the eligibility criteria of proving that they fled persecution that stemmed from certain factors, such as their religion or politics.
The rule also includes limited exemptions for migrants facing an"imminent and extreme threat" in Mexico, those with"acute" medical emergencies and victims of severe human trafficking.
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