A group of immigrant rights organizations will get their day in court on Wednesday, July 19 as a judge will hear arguments in a lawsuit opposing an asylum rule that is essential to President Joe Biden administration’s immigration policy. 

Advocates and other critics alike have said the rule endangers migrants attempting to cross the southern U.S. and Mexico border and is against the law, though the administration argues that it actually encourages migrants to use lawful pathways and that it prevents any further trouble at the border. 

Biden’s rule was implemented on May 11 as the COVID-19 restriction known as Title 42, that had limited asylum seekers at the U.S.-Mexico border, expired. The President’s new policy makes it much more difficult for migrants who come directly to the southern border seeking asylum unless they use a government app to get an appointment or they’ve already tried to get protection in another country before coming to the U.S. 

There are exceptions and would not apply to unaccompanied children. 

The rule is one the Biden administration has relied on to keep order at the border as congressional Republicans have repeatedly criticized him for what they argue is a failure to control the 2,000-mile border with their southern neighbors. 

Immigration is a main issue for the GOP ahead of next year’s presidential election.

The coalition of immigrant rights organizations that sued specifically say the new rule violates immigration law as they argue it forces migrants to seek protection in countries that don’t have the same asylum system and human rights protections as the U.S. and as a result, can put them in life threatening situations. 

“The rule is already inflicting untold suffering on thousands of asylum seekers, who are either being deported to persecution or stranded in Mexican states where migrants face horrific and pervasive violence,” the groups argue in court filings. 

The lawsuit also argues that the CBP One app that the government wants migrants to use in order to set up appointments is unusable because of its many glitches and crashes in times past. The app doesn’t have enough appointments and isn’t available in enough languages, they argue.

Also, they say Biden's rule at the border is comparable to his predecessor, President Donald Trump’s efforts when he was in office looking to decrease immigration at the southern border. 

However, the Biden administration calls the rule a part of an overall strategy that provides a way into the U.S. for those who follow legal pathways. They added that the new asylum rule was necessary because it came into effect at a time when immigration numbers were expected to drastically increase when Title 42 expired. 

The number of border crossings spiked ahead of the end of Title 42 and then again dropped afterwards.