DHS Fails to Ditch Suit Over Rule on Mandatory Bars to Asylum

April 9, 2026, 4:57 PM UTC

A group of immigration legal aid groups and an asylum seeker can proceed with their claims that Biden-era rules allowing for quicker deportations of noncitizens who might pose a threat to national security are arbitrary and capricious.

The complaint “raises plausible questions about the soundness” of the regulation, especially since the government’s position “seems to mark a complete reversal from its position just a few years ago,” Judge Christopher R. Cooper of the US District Court for the District of Columbia said in a Wednesday order.

Noncitizens in expedited removal proceedings can seek asylum, but must undergo an interview ...

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