A panel of three appellate judges voted 2-1 Thursday to temporarily hold a lower court’s order to halt the Biden policy.
People line up against a border wall as they wait to apply for asylum after crossing the border from Mexico on July 11, 2023, near Yuma, Ariz. | Gregory Bull/AP PhotoA Biden administration policy restricting asylum-seekers at the southern border can proceed for now, a federal appeals court ruled on Thursday, pausingIn an unexpected win for the Biden administration, a panel of three judges from the 9th U.S.
“The Biden administration’s ‘Pathways Rule’ before us in this appeal is not meaningfully different from the prior administration’s rules that were backhanded by my two colleagues,” wrote VanDyke, who was appointed by President Donald Trump. “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.
“For those who value the rule of law, following precedent, and predictability, one must conclude Judge Tigar had no choice but to vacate the current administration’s Pathways Rule for the reasons that he first provided and my colleagues then established as binding precedent during the Trump administration,” Van Dyke wrote.
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