A Biden administration rule limiting immigrants other than Mexican nationals from seeking asylum in the United States was blocked Tuesday by a federal judge.
U.S. District Judge Jon S. Tigar ruled against the Biden administration order, which mirrors the Trump-era “transit ban” policy requiring migrants entering through the southern border to apply online first for protection in other countries they traveled through.
Tigar, a federal judge in California appointed by former President Obama, wrote in his 35-page decision that the rule violates a federal law allowing anyone to claim asylum while in the United States.
“The Court concludes that the Rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum,” Tigar wrote.
Tigar added that Biden’s rule also contradicts federal law “because it presumes ineligible for asylum noncitizens who fail to apply for protection in a transit country, despite Congress’s clear intent that such a factor should only limit access to asylum where the transit country actually presents a safe option.”
Millions of illegal immigrants have entered the U.S. under the Biden administration, forcing the president to change tactics in dealing with the influx at the southern border.
According to U.S. Customs and Border Protection data, more than 1.7 million migrant encounters occurred in fiscal 2021. Last year, border agents reported another 2.3 million crossings at the U.S.-Mexico border.
After the Biden administration ended Title 42, a Trump-era public health order that allowed for the immediate expulsion of illegal immigrants due to the pandemic, border agents encountered another nearly 145,000 migrants in June — a sharp decrease from the nearly 208,000 from June 2022.
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But just before Biden ended the public health order, the president sparked criticism from immigrant activists and legal challenges from civil rights groups for creating a newer version of Trump’s policy that limited access for third-country immigrants seeking asylum.
The groups who sued the Biden administration include the American Civil Liberties Union, ACLU of Northern California, the Center for Gender & Refugee Studies, and the National Immigrant Justice Center.
American Civil Liberties Union attorney Katrina Eiland, who argued the case, applauded the judge’s decision.
“The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger,” Eiland told The Associated Press. “The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it.”
Judge Tigar delayed his ruling from taking effect immediately to give the Biden administration enough time to file an expected appeal.
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