“A delay of that kind would have to be driven by political considerations, not legal or purely administrative ones,” said Austin Kocher, an assistant professor at Syracuse University. “It flags a larger question: Is the Biden administration serious about following its national and international obligations to asylum law?”

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“Having Title 42 still in place at the same time that the administration is claiming to try and fix cases in Remain in Mexico presents the administration with a fundamental contradiction between what they claim to be doing and the way that border control is actually working on the ground,” said Kocher.