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According to Syracuse University’s Transactional Records Access Clearinghouse, there are about 6,700 asylum-seekers whose cases were dismissed. It was usually after judges found the government erred in applying the policy. In San Diego more than 5,600 cases were dismissed, many by only two judges. Judge Lee O’Connor. rejected 95 percent of asylum claims from 2015 to 2020, one of the highest denial rates in the country. The core reason for dismissing cases was technical: Only “arriving aliens” should be eligible for “Remain in Mexico,” or anyone who appears at an official port of entry like a land crossing. People crossing the border illegally– who made up about 90 percent of those subject to the policy–are not “arriving aliens” as defined by law. The administration has yet to say if asylum-seekers whose cases were denied or dismissed under “Remain in Mexico” will have another shot. When asked, aides say Biden’s promise of a “humane” asylum system will be unveiled soon.
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