A federal judge on Tuesday blocked a Biden administration rule that allowed border personnel to reject illegal immigrants’ claims of asylum if they did not go through the proper application avenues.
California U.S. District Judge Jon Tigar suspended a rule that allowed Border Patrol to reject asylum claims made by migrants who had not first applied online or applied for asylum in a country they passed through on their way to the U.S. Tigar suspended enforcement of his ruling for 14 days to allow the Biden administration to appeal.
The asylum policy had proven successful in driving down border crossings, especially after the Trump Covid-era public-health order known as Title 42 expired following a long litigation battle. Title 42 allowed for the expulsion of migrants as a means to prevent the spread of communicable diseases.
In May, the White House unveiled sweeping rules to curb the anticipated influx of illegal migrants following Title 42’s end. Under the rule, migrants who did not first seek asylum in a transit country or apply for protection in America using an online form before arriving at the border would be denied entry. Moreover, Venezuelan, Haitian, Cuban, and Nicaraguan nationals caught illegally crossing the Southern border would be deported back to Mexico.
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