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Attorney General William Barr. Photo: Mandel Ngan/AFP/Getty Images

The Justice Department issued an order on Tuesday that would prevent immigration judges from granting bail to thousands of migrants seeking asylum, making them wait in jail until their cases are resolved.

Why it matters: The order, issued by Attorney General William Barr, comes as detention centers are overcrowded, and aligns with President Trump's vow to end "catch and release" at the southern border. This policy is almost certain to be challenged in court. An immigration lawyer told Axios it represents an effort by the administration to get the Supreme Court to establish what rights migrants who cross the border actually have.

"This is the Trump administration’s latest assault on people fleeing persecution and seeking refuge in the United States. Our Constitution does not allow the government to lock up asylum seekers without basic due process. We'll see the administration in court."
— Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project

Details: The order will go into effect in 90 days, so the Department of Homeland Security "may conduct the necessary operational planning," Barr wrote.

  • The ruling does not apply to migrants seeking asylum at ports of entry along the border who must be granted “parole” in the U.S. and are not eligible for bond hearings. It only affects those who have been apprehended after crossing into the country illegally.

Per the New York Times, it will not apply to unaccompanied children or families that illegally crossed the border.

  • "A longstanding settlement in a previous court case says that the government cannot detain children or families for longer than 20 days. But immigrant rights lawyers said that Mr. Barr’s order — if it goes into effect — could set a precedent that the government could use to deny bond hearings, and bail, for an even broader number of immigrants," the Times notes.

Go deeper: How the U.S. asylum process works

Go deeper

3 hours ago - World

Coast Guard searches for 39 people after boat capsizes off Florida coast

A U.S. Coast Guard ship leaving its base in Miami Beach, Florida, in July. Photo: AP/Marta Lavandier

U.S. Coast Guard crews were searching into the night for 39 people whose boat sank off Florida's coast over the weekend after traveling from the Bahamas.

The big picture: A "good Samaritan" contacted the Coast Guard about 8 a.m. Tuesday to say they "rescued a man clinging to a capsized vessel" 45 miles east of Fort Pierce, per a tweet from the agency, which noted it was dealing with "a suspected human smuggling venture."

Scoop: Race to lead NRCC kicks off

Reps. Darin LaHood (left) and Richard Hudson. Photos: Al Drago/Getty Images (LaHood) and Chip Somodevilla/Getty Images

Reps. Richard Hudson (R-N.C.) and Darin LaHood (R-Ill.) are both telling colleagues they plan to run for chair of the National Republican Congressional Committee for the 2024 cycle, people familiar with the matter tell Axios.

Why it matters: Republicans are confident they'll win the House majority back this fall, and the early jockeying to lead the caucus' fundraising apparatus is just another indicator of their optimism.

Scoop: White House plans expedited resettlement for Afghan refugees

Afghan Special Immigrant Visa holders enter a processing center at Camp As Sayliyah, Qatar, last August. Photo: Sgt. Jimmie Baker/U.S. Army via Getty Images

President Biden's advisers are crafting a plan to accelerate bringing potentially thousands of Afghans to the U.S. from Qatar, according to a source with direct knowledge of the administration's internal deliberations on the subject.

Why it matters: As U.S. military leaders plan for a possible Russian invasion of Ukraine, the administration is still struggling to handle the aftereffects of its chaotic Afghanistan withdrawal. One challenge: how to care for tens of thousands of displaced Afghans — many of whom helped the U.S. fight its longest war.