Federal judge blocks Biden's asylum policy for migrants

A federal judge ruled to overturn a policy that allows immigration authorities to deny asylum to migrants who arrive at the border without having filed an online application or sought protection in another country en route to the United States.

"The Rule — which has been in effect for two months — cannot remain in place," said Judge Jon S. Tigar, who argued that the new policy violates federal immigration law, which states that anyone can apply for asylum within the territory regardless of how they arrived.

The policy, which seeks to penalize those who cross the border illegally and rewards those who schedule appointments to seek asylum, was established by the Biden administration when Title 42 expired. The policy allowed migrants arriving at the border to be turned away in an attempt to reduce illegal immigration and prevent the spread of Covid-19.

Now, the border could become even more exposed. However, the federal judge in California agreed to delay the policy from going into effect to allow time for the government to appeal.

Last week the Justice Department stated during a court hearing that it would appeal if the judge ruled against the policy, but officials will only have 14 days to prevent it from moving forward.

This is not the first time that Tigar has sided with advocacy groups. In 2018, he also temporarily prevented the Trump administration from denying asylum to illegal border crossers, and the U.S. Ninth Circuit Court of Appeals and the Supreme Court refused to intervene in that decision.

"We are seeing the court system essentially become a proxy legal pathway for people to come into the United States and work while they’re here," said Blas Nunez-Neto, the Department of Homeland Security's top border policy official.