California judge tosses Biden immigration rule that restricts asylum-seeking at border
A federal judge in California tossed the Biden administration’s new immigration policy Tuesday, writing that the rules for asylum-seekers at the U.S.-Mexico border were unlawful.
The decision was not unexpected, given that the judge hearing the matter, U.S. District Judge Jon Tigar, temporarily blocked a similar asylum policy pursued by former President Donald Trump in 2018.
Tigar, who is based in Oakland, Calif., wrote that the new rules imposed conditions on asylum-seekers that Congress did not set forth. The policy was put in place by the Biden administration in response to an historic surge in migrant arrivals at the U.S. southern border, and offered asylum seekers other pathways to legal status into the country while limiting options for entry at border crossings.
Before requesting asylum in the United States, migrants must have asked for asylum and prove that it was not granted in another country. But Tigar, appointed to the federal bench by President Barack Obama, said that fell short of what Congress intended.
“The Rule is also contrary to 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,” Tigar wrote.
While Biden’s immigration policies have been criticized on the political right as too lenient, the California lawsuit was brought by the American Civil Liberties Union, which argued that they were too harsh. Immigration advocates decried the rule when it was put into effect in May, saying that it mirrored one Trump attempted to impose to curb immigration from certain countries.
Migrants schedule interviews to claim asylum via a mobile application, CBP One, or have a U.S. citizen sponsor them. There are minimal exceptions for health and safety threats.
In May, before the immigration rule went into effect, advocates said border conditions were inhumane and that people didn’t have the means to use the app — if they knew about it at all.
The Biden administration previously said that the rule was coupled with more legal immigration pathways.
Responding to the ruling, Homeland Security Secretary Alejandro Mayorkas said that the Justice Department would quickly appeal the decision. Tigar stayed the ruling for two weeks to allow the appeal to go forward.
“We strongly disagree with today’s ruling and are confident that the Circumvention of Lawful Pathways rule is lawful,” Mayorkas said in a statement. “To be clear, because the district court temporarily stayed its decision, today’s ruling does not change anything immediately. It does not limit our ability to deliver consequences for unlawful entry.
“Those who fail to use one of the many lawful pathways we have expanded will be presumed ineligible for asylum and, if they do not have a basis to remain, will be subject to prompt removal, a minimum five-year bar on admission, and potential criminal prosecution for unlawful reentry,” he added. “We encourage migrants to ignore the lies of smugglers and use lawful, safe, and orderly pathways that have been expanded under the Biden Administration.”
This story was originally published July 25, 2023 at 1:40 PM.
