Federal Judge Strikes Down Biden Administration’s Asylum Policy
In a significant blow to the Biden administration, a federal judge has struck down a stringent new asylum policy that was implemented to curb illegal crossings along the U.S.-Mexico border. The policy, which has been in effect since May, disqualifies most people from applying for asylum if they have entered the United States without securing an appointment at an official port of entry or proving that they sought legal protection in another country along the way.
Immigrant advocacy groups challenged the policy, arguing that it violated immigration law, which grants foreigners the right to request asylum upon reaching U.S. soil. The judge, Jon S. Tigar of the U.S. District Court in Northern California, agreed with the plaintiffs, stating that the policy was “both substantively and procedurally invalid.” He also noted that he had previously struck down a similar rule put in place by the Trump administration in 2019.
However, the judge stayed his decision for 14 days, allowing the asylum policy to remain in place while the federal government appeals the ruling. The appellate court could extend the stay while it considers the challenge.
The Biden administration introduced the asylum rule when it ended a public health measure known as Title 42, which swiftly expelled illegal crossers. Since then, the number of migrants apprehended at the southern border has significantly decreased. In June, fewer than 100,000 people were arrested, the lowest figure since February
How has the federal judge’s decision to invalidate the asylum policy affected the Biden administration’s efforts to reduce illegal crossings at the U.S.-Mexico border?
Federal Judge Invalidates Biden Administration’s Asylum Policy in Blow to Administration
In a blow to the Biden administration, a federal judge has invalidated a stringent new asylum policy aimed at reducing illegal crossings along the U.S.-Mexico border. The policy, in effect since May, aimed to disqualify most individuals from applying for asylum if they entered the United States without an official port of entry appointment or failed to prove they sought legal protection in another country along the way.
Immigrant advocacy groups challenged the policy, arguing that it violated immigration law, which allows foreigners to request asylum upon reaching U.S. soil. Judge Jon S. Tigar of the U.S. District Court in Northern California agreed with the plaintiffs, ruling that the policy was “both substantively and procedurally invalid.” Notably, he had previously struck down a similar rule imposed by the Trump administration in 2019.
However, the judge has temporarily stayed his decision for 14 days, allowing the asylum policy to remain in place while the federal government appeals the ruling. The appellate court has the option to extend the stay while considering the challenge.
The Biden administration implemented the asylum rule after ending a public health measure called Title 42, which swiftly expelled illegal crossers. Since its implementation, the number of migrants apprehended at the southern border has significantly decreased. In June, fewer than 100,000 people were arrested, the lowest figure since February.
This decision renews hope for vulnerable asylum-seekers, ensuring fair treatment and protection that aligns with America’s values of empathy and compassion.