US Court Overturns Restriction on Asylum Rights
A US court has overturned an important migration rule imposed by the Biden administration. The rule stated that migrants have no right to claim asylum in the US if they crossed the border illegally or did not apply for asylum in another country while passing through.
A federal judge in the US has blocked a significant restriction on asylum rights implemented by President Joe Biden’s administration. The regulation, which has been in effect for two months, aimed to deny entry to migrants who did not first seek asylum in a third country en route to the southern border. Judge Jon Tigar from California ruled that this restriction cannot continue.
However, for now, nothing will change. Tigar has given the government two weeks to file an appeal. The judicial block on the asylum restriction will only take effect after the expiration of this deadline.
The US Department of Justice has already expressed its intention to appeal and initially announced the intention to request a longer suspension for implementing the judgment. The department stated that the rules established by the Biden administration are “a lawful exercise of comprehensive powers” granted by immigration laws. The appeal could keep the regulation in limbo for months, until the case may potentially be heard by the Supreme Court.
New regulations replace pandemic-era rules
The new regulations replaced the asylum tightening measures introduced by former President Donald Trump during the early stages of the pandemic, which expired in mid-May. This previous regulation, known as Title 42, provided for the rapid expulsion of migrants to prevent the spread of COVID-19. Since the spring of 2020, millions of people have been denied entry to the US in this way.
Under the new rules, those who illegally cross the southern border or fail to seek asylum in a country they passed through are not eligible for protection in the United States. This practically leaves only Mexican citizens with a chance to reach the US border without having to pass through a third country.
Entry is also denied to those who fail to schedule an asylum application appointment through the CBP One App, an application of the US Customs and Border Protection.
Plaintiffs: Violation of the right to asylum
Migrant interest groups filed lawsuits against the new rules, arguing that they violate existing US law, which protects the right to asylum, regardless of how a person entered the country. The organizations also argued that these rules force migrants to seek refuge in countries with asylum systems that are not as robust as that of the US.
Furthermore, they claimed that respect for the human rights of asylum seekers in other countries is not guaranteed. Additionally, they argued that the US government did not provide enough appointment slots for asylum applications through the desired app for migrants. Judge Tigar has now ruled in favor of the plaintiffs.
The situation at the southern US border has been tense for years. From 2021, the numbers of illegal crossings into US territory have risen to as high as 250,000 per month. In June, this number reached nearly 145,000, according to experts, partly due to the restrictions imposed by the Biden administration. Migration remains a polarizing issue in the US, with Republicans accusing the Biden administration of having an “open-door policy”.