Federal Judge Blocks Biden Administration Asylum Policy
Published by The Lawfare Institute
in Cooperation With
On July 25, U.S. District Judge Jon S. Tigar enjoined a Biden administration immigration policy that restricted access to asylum at the southern border. The rule assumed ineligibility for asylum-seekers if they passed through a country other than their own before crossing the U.S.-Mexico border. The policy made some exceptions, including for unaccompanied children.
Judge Tigar found the rule to be in violation of U.S. asylum law, including because,
“it presumes ineligible for asylum noncitizens who fail to apply for protection in a transit country, despite Congress’s clear intent that such a factor should only limit access to asylum where the transit country actually presents a safe option.”
Tigar blocked a similar Trump-era policy from taking effect in 2019. The Biden administration had implemented this rule in May 2023. Tigar stayed his order for two weeks, giving the Biden administration time to appeal the ruling.
Read the ruling here or below.
