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U.S. NEWS Wednesday 26 July 2023

A judge blocks limits on asylum at U.S.-Mexico border

By REBECCA SANTANA as 30,000 migrants from
Associated Presss Cuba, Haiti, Nicaragua
WASHINGTON (AP) — A and Venezuela if they
federal judge on Tuesday have a sponsor and fly into
blocked a rule that allows the U.S. The judge noted
immigration authorities to that such pathways are not
deny asylum to migrants available to all migrants.
who arrive at the U.S.- The Biden administration
Mexico border without first also argued that it was
applying online or seek- allowing potentially hun-
ing protection in a country dreds of thousands of peo-
they passed through. But ple into the U.S. through
the judge delayed his rul- the CBP One app. Migrants
ing from taking effect im- use the app to schedule
mediately to give President an appointment to pres-
Joe Biden’s administration ent themselves at the bor-
time to appeal. der to seek entry to the U.S.
The order from U.S. District and request asylum.
Judge Jon Tigar of the Tigar noted that the 1,450
Northern District of Califor- appointments currently
nia takes away a key en- available daily outstrips
forcement tool set in place demand, leaving asylum
by the Biden administra- Migrants wait to be processed after crossing the border, Jan. 6, 2023, near Yuma, Ariz. seekers waiting in Mexico
tion as coronavirus-based Associated Press where they’re at “serious
restrictions on asylum ex- risk of violence.”q
pired in May. The new rule
imposes severe limitations States. They also argued
on migrants seeking asy- that the CBP One app
lum but includes room for the government wants mi-
exceptions and does not grants to use doesn’t have
apply to children traveling enough appointments and
alone. isn’t available in enough
“The Rule which has been languages.
in effect for two months The administration had ar-
cannot remain in place,” gued that protection sys-
Tigar wrote in an order that tems in other countries that
will not take effect for two migrants travel through
weeks. have improved. But Tigar
The Justice Department said it’s not feasible for
said it would seek to pre- some migrants to seek pro-
vent the judge’s ruling from tection in a transit country
taking effect and that it’s and noted the violence
confident the rule is lawful. that many face in Mexico
Immigrant rights groups in particular.
that sued over the the rule “While they wait for an
applauded the judge’s adjudication, applicants
decision. for asylum must remain in
“The promise of America Mexico, where migrants
is to serve as a beacon of are generally at height-
freedom and hope, and ened risk of violence by
the administration can and both state and non-state
should do better to fulfill actors,” the judge wrote.
this promise, rather than He also wrote that the rule
perpetuate cruel and inef- is illegal because it pre-
fective policies that betray sumes that people are in-
it,” American Civil Liber- eligible for asylum if they
ties Union attorney Katrina enter the country between
Eiland, who argued the legal border crossings. But,
case, said in a statement. Tigar wrote, Congress ex-
The ACLU and other pressly said that should not
groups had argued the affect whether someone is
rule violates a U.S. law that eligible for asylum.
protects the right to asy- The judge also rejected
lum regardless of how a the administration’s argu-
person enters the country. ments that it had provided
The groups said it forces mi- other avenues for people
grants to seek protection in to come to the U.S. and
countries that don’t have that should be taken into
the same robust asylum account. The administra-
system and human rights tion has pointed to a pro-
protections as the United gram that allows as many