Biden Administration’s Asylum Policy for Migrants Struck Down by Federal Judge
A federal judge in California has dealt a significant blow to the Biden administration’s efforts to curb migration by striking down a newly implemented policy aimed at limiting the number of migrants seeking asylum at the U.S.-Mexico border.
U.S. District Court Judge Jon Tigar of the Northern District of California ruled in favor of immigrant rights groups who challenged the Biden administration’s policy requiring migrants to seek protection in Mexico before attempting to do so in the U.S. The judge, in his 35-page order, stated that adding additional requirements for seeking asylum violated federal law, which grants anyone in the U.S. the right to apply for asylum regardless of their immigration status.
Judge Tigar, who was appointed by President Obama, wrote that the rule was both substantively and procedurally invalid, as the swift implementation denied the public a meaningful opportunity to comment on it. However, he delayed the ruling’s effect for two weeks, allowing the Department of Justice time to appeal the decision.
The Biden administration had adopted this policy in response to the surging migration at the U.S. border after the expiration of the COVID-19 pandemic policy known as Title 42. The new policy, which was similar to a proposal from the Trump administration previously rejected by federal courts, included a cell-phone app allowing migrants to request asylum reviews.
Under this policy, migrants caught crossing the border illegally faced a minimum five-year ban on returning, and they could be criminally prosecuted for attempting to cross again. Families allowed to stay during the asylum process were subjected to curfews and GPS monitoring.
Immigrant rights groups, backed by the American Civil Liberties Union, argued that the expedited deportation process put asylum-seekers in dangerous situations in Mexico, and the judge concurred with this assessment.
Despite the ruling, the Justice Department expressed confidence that the asylum rule was a lawful exercise of the broad authority granted by immigration laws.
White House press secretary Karine Jean-Pierre emphasized that the ruling had no immediate impact due to the two-week stay while the Justice Department appealed. She maintained that the border enforcement plan remained in full effect, pointing to a 30% decrease in border crossings from May to June as evidence of its effectiveness.
In June, U.S. Customs and Border Protection data revealed encounters with approximately 144,000 individuals attempting to cross the border, the lowest number since February 2021.
