US Judge Blocks Limits on Asylum at US-Mexico Border

A federal judge has halted a policy that enables immigration authorities to reject asylum claims from migrants arriving at the U.S.-Mexico border without first applying online or seeking protection in another country they passed through. However, the judge has postponed the implementation of the ruling to allow the administration time to appeal.

The decision by U.S. District Judge Jon Tigar of the Northern District of California removes a significant enforcement measure put in place by the Biden administration as COVID-19-related asylum restrictions expired in May. The use of a measure called Title 42 had led to the expulsion of millions of people since early 2020, purportedly to prevent the spread of COVID-19.

The new rule imposed strict limitations on asylum seekers, although there were exceptions, and it didn’t apply to unaccompanied children. Tigar’s order will not take effect for two weeks.

Immigrant rights groups, who filed the lawsuit, argued that the rule violated U.S. law protecting the right to asylum, regardless of the manner of entry into the country. They contended that the policy forced migrants to seek protection in countries without robust asylum systems and human rights protections like those in the United States, leaving them in a dangerous state of uncertainty. The groups also claimed that the CBP One app, which the government wanted migrants to use, lacked sufficient appointments and language options.

The Biden administration defended the asylum rule as a crucial part of its strategy to balance stringent border enforcement with providing various avenues for migrants to pursue valid asylum claims. The rule was in response to political and economic instability driving large numbers of migrants from countries such as Brazil, Colombia, Cuba, Ecuador, Haiti, Nicaragua, Peru, and Venezuela.

Critics contended that the rule resembled two prior attempts by President Donald Trump to restrict asylum at the southern border. The Supreme Court eventually permitted the Trump administration’s efforts to limit asylum for those who didn’t apply for protection in a country they traveled through before reaching the U.S. However, another Trump initiative to bar people from applying for asylum except at an official border entry point faced legal challenges and never took effect.

When announcing the new rule, the Biden administration highlighted the complexity of immigration dynamics, which have evolved from predominantly Mexican adults seeking entry to the U.S. and being easily returned home to migrants now coming from across the Western Hemisphere and beyond.

{Matzav.com}