The podcast delves into Trump's delayed trial in Georgia for election interference. It also discusses Biden's border actions, asylum restrictions, and the political implications. Judge Easterbrook's strong opinions on fonts add a humorous twist to the episode.
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Quick takeaways
Biden's new executive order tightens asylum rules, requiring specific procedures like using the CBP1 app for eligibility.
Legal challenges may arise due to broad use of INA 212F in restricting asylum eligibility, sparking concerns about executive authority.
Elevated standard for asylum interviews may make it harder for applicants to qualify, impacting individuals seeking protection through asylum.
Deep dives
Executive Order Impact on Asylum Rules
The executive order regarding asylum rules reinforces the existing circumventing lawful pathways rule, restricting asylum eligibility for those who do not follow specific application procedures like using the CBP1 app. While this rule was already in place, the new order formalizes and expands this restriction, requiring applicants to meet specific criteria to be eligible for asylum, which includes applying through designated channels like the CBP1 app.
Legal Challenges and Interpretation of Eligibility
Legal challenges are expected due to the broad use of INA 212F as the basis for restricting asylum eligibility. Despite the Ninth Circuit's initial approval, challenges from organizations like the ACLU are likely as they question the interpretation of eligibility criteria and how it conflicts with existing asylum laws. The administration's argument that they are restricting eligibility, not the application process, raises concerns about the broad use of executive authority in determining asylum status.
Backup Safe Harbor Options and Standard Elevation
While the executive order elevates the standard for asylum eligibility interviews to a 'reasonable possibility of standard,' preserving backup safe harbor options like withholding of removal and CAT relief, the new standard may make it harder for applicants to qualify for these protections. The leaked memo obtained by advocate Taylor Levy sheds light on the implications of the raised standard and the potential impact on individuals seeking protection through asylum and related relief options.
Implications of Biden's Immigration Policy Changes
Biden's recent immigration policy changes are discussed in this episode, highlighting the impact on asylum seekers. One significant change involves reducing the time for individuals to consult with counsel before interviews from 24 to 4 hours, causing stress and potential difficulty in understanding their situation. The episode emphasizes the temporary nature of the policy but draws parallels to the questionable lasting effects, highlighting concerns about potential long-term implications and the dangers faced by individuals seeking asylum.
Significance of Font Choices in Legal Documents
The podcast episode concludes with a lighthearted yet informative discussion on the importance of font choices in legal documents. Judge Easterbrook's critique of using fonts like Bernhard Modern in legal briefs underscores the impact of visual presentation on readability and understanding. By demonstrating how specific fonts can affect judicial perception and comprehension, the episode highlights the significance of clear and reader-friendly typography in professional documents.
Trump’s prosecution for election interference in Georgia was just stayed by the Court of Appeals, leaving no chance that this trial will proceed before November. What happened, and how unexpected was this delay? We investigate.
We then turn to our main story: Biden administration’s executive actions to “shut down the border” and close the door to asylum for many people who would otherwise be eligible. Matt explains what’s actually going on here and how much of it was already in place before we consider the practical and political consequences of Joe Biden effectively carrying out the border bill which Trump bullied Republicans not to pass.
We end by spending a few minutes discussing a recent opinion from Judge Frank Easterbrook of the 7th Circuit Court of Appeals, who has very strong--and extremely appropriate--opinions about fonts.