A federal judge has blocked a new rule implemented by the Biden administration that limited access to asylum. The ruling, which will go into effect in two weeks, is a major setback for the administration’s efforts to restrict asylum-seekers. The rule, which was finalized in May, required asylum-seekers to first seek protection in another country along their route to the U.S. It also limited the ability to seek asylum between ports of entry. U.S. District Court Judge Jon Tigar cited U.S. asylum law in his decision, stating that the new policy goes against the intent of Congress in providing a safe haven for those fleeing persecution. The ruling comes as a result of a challenge led by the American Civil Liberties Union (ACLU) and generated lawsuits from Republican-led states. While the ruling is a victory, the ACLU expressed concern that the fight over the rule will continue to put vulnerable individuals at risk. The Department of Homeland Security (DHS), which issued the rule, has not yet responded to the ruling, but the Department of Justice is expected to appeal. DHS Secretary Alejandro Mayorkas has expressed disagreement with the ruling and stated that consequences for unlawful entry will still be enforced. The rule had drawn criticism for its similarity to policies implemented under former President Trump. Immigration advocates argue that few other countries have functional asylum systems to offer the same protections.
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