In a decisive blow to President Joe Biden’s immigration strategy, U.S. District Judge Jon Tigar, based in California, has put a temporary halt on the administration’s new asylum rules.
These regulations, aimed at limiting asylum access at the U.S.-Mexico border, have been a cornerstone of Biden’s attempt to manage migration after the cessation of Title 42 restrictions in May, post-COVID era.
As a prominent Democrat, Biden had promised to roll back the stringent policies of his predecessor, Republican Donald Trump, when he took office in 2021.
However, he has been compelled to adopt some of Trump’s border measures in response to unprecedented levels of illegal migrant crossings.
President Biden’s latest asylum rules, which came into effect on May 11 following the end of Title 42, effectively deem most migrants ineligible for asylum.
This applies to those who traversed other nations without first seeking protection there, or those who didn’t use legal means to enter the U.S.
Judge Tigar, who was appointed by former President Barack Obama, issued a stay on the order for two weeks, according to Reuters.
While this means the new asylum restrictions remain in effect for now, it leaves their future uncertain.
The Biden administration swiftly launched an appeal to the U.S. 9th Circuit Court of Appeals.
A previous lawsuit filed by the American Civil Liberties Union (ACLU) and other organizations in 2018 against similar asylum restrictions imposed by Trump was revived.
Interestingly, it was Judge Tigar who struck down those earlier measures.
The Judge, in his 35-page decision, argued that U.S. law clearly affirms that illegal border crossing should not prohibit asylum.
He noted the impracticality of seeking refuge in a third country, like Belize, Mexico, or Colombia, due to restricted processing capabilities and other constraints in these nations.
He said, U.S. law only allows for limiting asylum access if the migrants have passed through a country that “actually presents a safe option.”
In their defense, the Biden administration contended that numerous migrants could enter the U.S. every month through new programs, such as one designed for migrants sponsored by U.S. citizens.
Tigar, however, dismissed these initiatives as not universally applicable and therefore, “irrelevant to the availability of asylum.”
The administration had also introduced an app called CBP One, advising migrants at the border to use it to schedule a time to approach a legal crossing point.
The app offers 1,450 appointments daily for people in central and northern Mexico.