US: Federal judge blocks Biden's asylum policy in a major blow to administration

In a significant blow to President Joe Biden's administration, a federal judge has overturned the 10-week-old asylum policy, dealing a setback to the administration's efforts to control migration across the southern border of the United States.

The ruling by Judge Jon Tigar of the US district court in San Francisco declared the policy, which required asylum seekers to apply for admission from their home countries or countries they pass through, as "unlawful".

This decision could potentially renew a surge of migrants at the US-Mexico frontier after a recent decline over the past two months, reported AFP.

Immediate suspension with possibility of appeal

Judge Tigar's ruling immediately suspended the policy for 14 days, giving the Biden administration time to appeal. The Justice Department promptly filed a notice of appeal, signalling its intent to challenge the decision. The appeal process may keep the policy in limbo for an extended period, and the case could eventually reach the Supreme Court.

Biden's policy aimed at stemming migration

The policy, put in place by the Biden administration in May, aimed to address the up to 200,000 monthly migrants attempting to cross the southern border.

It replaced the use of Title 42, a COVID-19 pandemic rule that had been employed since 2020 to summarily block the entry of migrants on public health grounds.

Last year, border authorities intercepted over two million individuals attempting to enter the US, either illegally or through asylum applications.

This significant influx became a major political concern for Biden, with the Republican opposition criticising him for lax border policies.

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Rigid asylum process and reduced encounters

In an effort to manage the flow of migrants, Biden's policy instituted a more stringent asylum process.

Asylum seekers at the border were required to use a smartphone app to schedule interview appointments, which could lead to weeks or even months of waiting.

Alternatively, they had to request asylum from their home country or special centresin transit countries. Those who crossed the border without following the process would automatically lose the chance to seek asylum.

This policy raised the burden of proof for applicants and subjected them to prolonged waits for rulings. The impact of these measures was apparent, as border patrol encounters with migrants fell from 212,000 in April to 145,000 in June, according to Customs and Border Protection data.

Judge's criticisms and DHS secretary's response

Judge Tigar found several flaws in Biden's policy, including its non-compliance with the Immigration and Nationality Act's asylum rules and its inconsistency due to certain exceptions it offered.

He deemed the policy "arbitrary and capricious" and criticised its rushed implementation, which bypassed the legally required 60-day review period for such complex policies.

As Department of Homeland Security Secretary Alejandro Mayorkas confirmed that the Biden policy remains in place for now, he warned migrants about the consequences of attempting to enter the country without proper documentation.

They face minimum five-year bans and possible prosecution. The ruling was hailed as a victory by Katrina Eiland of the American Civil Liberties Union, but she also expressed concern that the prolonged legal battle may leave many people fleeing persecution in grave danger.

The asylum policy's fate now rests with the appeals process, which could determine the future course of migration control at the US-Mexico border.

(With inputs from agencies)

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