Where do the restrictions stand now?  

Your weekly summary from the Council


 LATEST ANALYSIS 



 FACTS YOU SHOULD KNOW 

  • This week, the 9th U.S. Circuit Court of Appeals ruled that the Biden administration’s asylum transit ban can continue through September, staying a lower court decision from last month. The ban—which the lower court found to be unlawful and unconstitutional—was slated to end next week. 

    The ban’s sweeping restrictions bar most non-Mexican migrants from applying for asylum if they cross the border between ports of entry, do not first apply for asylum before reaching the United States, or even if they sought to enter at a port of entry but lacked a CBP One appointment. 

    In his dissent, Trump-appointed Judge Lawrence VanDyke wrote, “This new rule looks like the Trump administration’s Port of Entry Rule and Transit Rule got together, had a baby, and then dolled it up in a stylish modern outfit, complete with a phone app.”

    Judge VanDyke was referring to CBP One, a glitchy app that asylum seekers must use to schedule an appointment to ask for protection. If they cannot make an appointment for any number of reasons—no phone, unreliable internet access, or didn’t receive one of the limited appointments—then they are turned back from ports of entry. 

    Last week, the American Immigration Council and its partners filed a different lawsuit that challenges the policy and practice of turning back asylum seekers without a CBP One appointment at ports of entry along the southern border.

    Read more: Challenging CBP One Turnback Policy


 ACROSS THE NATION 

  • The American Immigration Council, along with the Presidents’ Alliance on Higher Education and Immigration, released a report spotlighting the enrollment trends and economic contributions of undocumented students in U.S. colleges and universities.

    The report underscores the pivotal role these students, including Deferred Action for Childhood Arrivals (DACA) recipients, play in addressing critical workforce gaps in sectors like healthcare, education, and STEM fields. The report also emphasizes the decline in DACA-eligible students due to limited eligibility criteria, highlighting the need for Congress to create a pathway to citizenship for these talented individuals. 

    Read more: Undocumented College Students: How Many Students Are in U.S. Colleges and Universities, and Who Are They?  


 QUOTE OF THE WEEK 

“As we approach the fourth anniversary of this horrific, white supremacist attack, we hope to offer a space of community healing and resistance,” said Fernando Garcia, executive director of Border Network for Human Rights, the event organizer. “We cannot forget that this massacre occurred as a result of... the spread of hateful, white supremacist and xenophobic rhetoric toward immigrants of color and minorities.”

– Fernando Garcia, executive director of Border Network for Human Rights


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