It’s the only policy Biden has that is somewhat responsible, so, of course a Leftist judge has ruled against it
Judge knocks down Biden’s asylum policy as illegal border crossings dip
A federal judge Tuesday blocked the Biden administration’s new regulation restricting asylum-seekers, one that contributed to a severe drop in crossings at the U.S.-Mexico border over the past few months.
U.S. District Judge Jon Tigar, an Obama appointee in Oakland, Calif., knocked down the restrictions as “arbitrary and capricious,” while staying his ruling for 14 days to give the Biden administration an opportunity to appeal. Tigar also halted a similar measure — the Trump administration’s so-called transit ban — a few years ago, joking during last week’s hearing that he heard “2023 was going to be a big year for sequels.”
The judge’s 35-page ruling marks the latest legal hurdle facing the Biden administration’s immigration policy, which has faced multiple challenges from both ends of the political spectrum. Tigar’s decision jeopardizes the administration’s strictest deterrence measure to date and comes as illegal border crossings have plunged to their lowest level since President Joe Biden’s first full month in office.
Tigar detailed a series of legal faults with the Biden asylum rule, including its basis on outdated or inaccurate assumptions and that it was made available for public comment during an abbreviated 33-day window. The judge raised particular concern about the administration’s effort to require most asylum applicants to present themselves at established ports of entry, rather than claiming asylum after crossing between border posts.
“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,” Tigar wrote.
The judge may be correct, because Congress writes a lot of dumb laws, and also writes a lot of laws without any idea what the effect will be because they do not read it, do not analyze it, and so many are just way too big. The Biden DOJ says they will appeal and defend the asylum rule. Will they defend it hard? Or, was this just Joe throwing something out there to appear to be Doing Something, possibly knowing that a judge would rule against it, considering that the same judge ruled against it under Trump?
Biden’s “asylum ban,” released in May and set to expire in two years, bars some migrants from applying for humanitarian protection if they cross the border illegally or fail to first apply for safe harbor while crossing through another country on the way to the U.S. The rule is not applied to certain migrants, including unaccompanied children, asylum-seekers who enter at a legal port of entry or those fleeing “imminent” harm.
It really should apply to every single “migrant”. And not applying it to those certain “migrants” just emboldens them to show up in mass and send their children on a long, dangerous trek. What’s the chance of Congress passing a simple law stating “all those seeking asylum must apply outside the U.S., not at the border or if already in the U.S.”?