On August 3, the Ninth Circuit Court of Appeals ruled, 2-1, that the Biden administration could keep its restrictive asylum policy in place as it considers its appeal to a reversal of the policy by a federal district court. The Biden rule, known as the “transit” or “asylum” ban, denies asylum to anyone who failed to seek asylum in a transit country. While the judges on the appeals court stated that it would expedite its consideration of the case, which was brought by immigrant rights groups, it will likely take until September before there is a final resolution.

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