US District Court Strikes Down Biden Administration's New Rules for Asylum-Seekers

NEW YORK, New York – Immigration advocates have welcomed a United States District Court ruling striking down the Joe Biden administration’s new rules for asylum-seekers at the US-Mexico border.

US District Judge Jon Tigar in Oakland, California found the rules unconstitutional, stating that they impose conditions on asylum-seekers, many of whom are nationals of Cuba, Haiti and Venezuela.

In his ruling, the judge said that Biden measures were not the intent of the US Congress and stayed his ruling for 14 days to allow the Biden administration a chance to appeal before becomes effective.

“This unlawful policy was put in place at the end of Title 42 in May, and has been used to deny migrants their right to claim asylum,” said Murad Awawdeh, executive director of the New York Immigration Coalition (NYIC).

“All people should have the humanitarian and legal right to ask for asylum in the United States as they flee violence and persecution, and today’s federal ruling affirms that right. We applaud the federal courts for striking down this cruel policy,”  he told the Caribbean Media Corporation (CMC).

Awawdeh, whose umbrella policy and advocacy organization representing over 200 immigrant and refugee rights groups, said the Biden administration needs to stop bending to the xenophobic MAGA politics of Trump, Abbott and DeSantis.

“They must immediately abandon the equally cruel and ineffective border policies that will remain in effect, and pivot to creating legal pathways for people to migrate to, live and work in the United States.

“Doing so will restore our country’s humanitarian commitment to welcoming people who are in need of a safe harbor, and continue our long-established legacy as a beacon of hope around the world.”

In 2018, the same judge ruled against the Trump’s administration travel ban, which prevented thousands of families and individuals from seeking asylum at borders.

The co-director of Make the Road New York, Yaritza Mendez, applauded Tuesday’s court ruling.

“It is deeply disappointing to witness President Biden’s continued efforts to gut our asylum system, which is doing real harm to people seeking refuge from dangerous situations,” she said.

“In just the first two months of his asylum ban, thousands of families have been forcibly expelled from the country or have found themselves stuck in limbo, waiting for a response that may never come,” she added.

Political observers say the asylum rules, which became effective in May, make it more difficult for migrants to obtain asylum if they cross the border illegally after passing through Mexico or another country without first seeking protection there.

Judge Tigar ruled that “non-citizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum”.

The US Department of Justice Department said in a statement that it will appeal the ruling.

“The Justice Department disagrees with the district court’s ruling today,” it said, describing the administration’s asylum policy as a “lawful exercise of the broad authority granted by the immigration laws.”