A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the U.S.-Mexico border without first applying online or seeking protection in a country they passed through. But the judge delayed his ruling from taking effect immediately to give President Joe Biden’s administration time to appeal.
The order from U.S. District Judge Jon Tigar of the Northern District of California takes away a key enforcement tool set in place by the Biden administration as coronavirus-based restrictions on asylum expired in May. The new rule imposes severe limitations on migrants seeking asylum but includes room for exceptions and does not apply to children traveling alone.
“The Rule — which has been in effect for two months — cannot remain in place,” Tigar wrote in an order that will not take effect for two weeks. The Justice Department said it would seek to prevent the judge’s ruling from taking effect and that it’s confident the rule is lawful.
Immigrant rights groups that sued over the the rule applauded the judge’s decision.
“The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it,” American Civil Liberties Union attorney Katrina Eiland, who argued the case, said in a statement.
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