The order takes away a key enforcement tool set in place by the Biden administration as coronavirus-based restrictions on asylum expired in May
“The Rule – which has been in effect for two months – cannot remain in place,” Tigar wrote in an order that will not take effect for two weeks.
Immigrant rights groups that sued argued it is a violation of U.S. law that protects the right to asylum regardless of how a person enters the country. The groups said it forces migrants to seek protection in countries that don’t have the same robust asylum system and human rights protections as the United States and leaves them in a dangerous limbo.
“While they wait for an adjudication, applicants for asylum must remain in Mexico, where migrants are generally at heightened risk of violence by both state and non-state actors,” Tigar wrote. The judge also rejected the administration’s arguments that it had provided other avenues for people to come to the U.S. and that should be taken into account. The administration has specifically pointed to a program that allows as many as 30,000 migrants from Cuba, Haiti, Nicaragua and Venezuela if they have a sponsor and fly into the U.S. The judge called those avenues “irrelevant” and noted that such pathways are not available to all migrants.
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