Obama-appointed judge rejects Biden admin’s appeal of asylum restrictions ruling

A federal judge rejected the Biden administration’s appeal late Tuesday to an earlier ruling striking down its asylum restrictions, according to a court filing.

The Biden administration implemented the policy in May to mitigate an expected influx of illegal migrants at the southern border following the expiration of Title 42, a Trump-era public health expulsion order, by denying asylum to those who already passed through a safe country and didn’t seek protections there. Obama-appointed U.S. District Court for the Northern District of California Judge Jon S. Tigar ruled on July 25 that the policy was “contrary to law” because it violates Congress’ intent.

“The Court concludes that the Rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum. The Rule is also contrary to law because it presumes ineligible for asylum noncitizens who fail to apply for protection in a transit country, despite Congress’s clear intent that such a factor should only limit access to asylum where the transit country actually presents a safe option,” Tigar wrote in his earlier ruling.

Soon after the policy went into effect the ACLU, the National Immigrant Justice Center and the UC Hastings Center for Gender and Refugee Studies filed a lawsuit against its implementation.

Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said in a statement that they “strongly disagree with today’s ruling and are confident that the Circumvention of Lawful Pathways rule is lawful.”

The latest decision means the policy will end Aug. 8 unless a higher court intervenes.

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