Federal judge strikes down Biden administration's asylum policy for migrants

WASHINGTON − A federal judge in California struck down a new Biden administration policy that sought to limit the number of migrants seeking asylum at the U.S.-Mexico border, delivering a major blow to the White House's efforts to stem migration.

U.S. District Court Judge Jon Tigar of the Northern District of California ruled Tuesday on behalf of immigrant rights groups, which challenged a Biden policy requiring migrants heading to the U.S. border to first seek protection in Mexico before attempting to do so in the U.S.

Creating additional requirements to seek asylum, the judge said in the 35-page order, violates federal law that allows anyone in the U.S. to apply for asylum regardless of their immigration status.

"The rule is both substantively and procedurally invalid," Tigar, a President Obama-appointee, wrote. The judge said the hastiness of the Biden administration's push to implement the rule "denied the public a meaningful opportunity to comment on the rule."

Tigar delayed his ruling from taking effect for two weeks. The Department of Justice filed a notice that it planned to appeal the decision.

President Joe Biden's administration, under pressure to address surging migration, adopted the rule in May after the expiration of Title 42, a COVID-19 pandemic policy that allowed the U.S. to cite fears of spreading the virus as a reason to expel migrants.

The Biden policy that replaced Title 42 was strikingly similar to one proposed by President Donald Trump and repeatedly shot down by federal courts in the past.

The policy included a new cell-phone app that allows migrants to request an appointment to have their case reviewed.

Migrants caught crossing the border illegally aren't allowed to return for at least five years. They can be criminally prosecuted if they attempt to cross again. Families allowed in as their immigration cases progress face curfews and GPS monitoring.

Immigrant rights groups, which had the backing of the American Civil Liberties Union, argued that the expedited deportation process for asylum-seekers returned many to dangerous situations. The judge agreed on this point.

"While they wait for an adjudication, applicants for asylum must remain in Mexico, where migrants are generally at heightened risk of violence by both state and non-state actors," Tigar wrote in the ruling.

A Justice Department spokesperson said the department remains confident that the asylum rule is a "lawful exercise of the broad authority granted by the immigration laws.”

White House press secretary Karine Jean-Pierre said "nothing has changed" following the ruling because of the judge's two-week stay while the Justice Department appeals.

"Our border enforcement plan remains in full effect," Jean-Pierre said, arguing that the plan has worked as evident by the nation's fewest border crossings in two years.

U.S. Rep. Veronica Escobar, D-El Paso, celebrated the decision and urged her colleagues in Congress to take substantive action on immigration policy.

“Try as my Republican colleagues might to ignore our duty, it is the responsibility of the legislative branch to act on immigration reform," Escobar said in a news release following July 25 ruling. “The longer Congress refuses to address our country’s outdated immigration laws and policies, the more we should anticipate lawsuits — such as this – against an executive branch that is trying to create solutions in the absence of congressional action."

Far from chiding Biden for attempting to institute policies championed by his predecessor, Escobar applauded his repeal of Title 42 and urged her colleagues to adopt her bipartisan Dignity Act announced earlier this year.

“I remain grateful that the Biden administration has repealed Title 42 and (Migrant Protection Protocols) and has opened up legal pathways, but the challenges posed by an antiquated immigration system are not solely the responsibility of the executive branch," she said in the statement. "Congress must do its job and legislate, and I remain eager to work with my colleagues toward legislative solutions — like my bipartisan, comprehensive bill, the Dignity Act —  that will address our challenges at the southern border."

Border agents encountered about 144,000 people attempting to cross the border in June, a 30% decrease from May, according to newly released data from U.S. Customs and Border Protection. The number, which includes people who presented at ports of entry with or without an CBP appointment, is the lowest since February 2021. 

Contributing: Associated Press, John Fritze and Michael Collins of USA TODAY, Adam Powell, El Paso Times

Reach Joey Garrison on Twitter @joeygarrison.