A federal judge struck down on Tuesday (26) a new and strict asylum policy that the Biden administration called crucial to curb the illegal crossing of immigrants along the US-Mexico border.
The decision was a blow to the White House, which has seen illegal entries plummet since the new policy was implemented in May.
The policy stipulates that individuals who did not schedule an interview at an official port of entry or who cannot prove that they sought legal protection in another country along the way will not qualify to apply for asylum in the United States.
Immigrant advocacy groups that sued the government argue that the policy violates the country’s immigration laws, which allow foreigners arriving on American soil to apply for asylum, regardless of how they entered the country.
Judge Jon S. Tigar of California, in a 35-page ruling, stated that he found the policy, which had been in effect since May 12, “substantively and procedurally invalid” and noted that in 2019 he struck down a similar rule established by the Donald Trump administration.
However, the judge stayed his decision for 14 days, leaving the asylum policy in place while the federal government appeals the ruling. The appeals court may extend the stay while it considers the challenge.
Changes at the Border
Experts believe that Biden’s asylum policy is not the only factor contributing to the decrease in illegal crossings. Mexican authorities have intensified their efforts to detain immigrants attempting to reach the United States.
On the other hand, a new app launched by the US government this year has provided an orderly way for individuals seeking asylum to be processed in the country without having to risk illegal crossing. Additionally, new programs launched by the government have allowed hundreds of thousands of people to enter the country legally for stays of at least two years, provided they have a sponsor or an active visa application to reunite with relatives.
There are over two million pending cases in immigration court, and about four in ten are asylum requests. During a talk at the Migration Policy Institute event, David Neal, director of the Executive Office for Immigration Review at the Department of Justice, estimated that for the current fiscal year, about one million new cases will be filed. Although new judges have been hired and the process has been streamlined, he said that the courts likely have the capacity to resolve only about 500,000 cases per year.
Source: The New York Times