Judge rejects U.S. asylum restrictions, jeopardizing Biden policy aimed at deterring illegal border

[BumRushDaShow]

Last edited Tue Jul 25, 2023, 07:50 PM - Edit history (1)

Source: CBS News

A federal judge in California on Tuesday ruled against the Biden administration's recently implemented restrictions on asylum along the U.S.-Mexico border, saying a policy that officials have partially credited for a sharp drop in migrant crossings violates the country's legal obligations to those fleeing violence.

U.S. District Judge Jon Tigar in Oakland concluded that the regulation violates U.S. asylum law, which since 1980 has allowed migrants on American soil to request humanitarian protection as a way to halt the government's efforts to deport them, regardless of how they entered the country.

Tigar blocked a similar, though more restrictive, Trump administration effort to bar asylum claims along the southern border. That lawsuit was also filed by the American Civil Liberties Union, which has said the Biden policy endangers refugees.

While he declared the Biden administration's rules illegal, Tigar suspended his ruling for two weeks to give the Justice Department time to seek relief from a higher court. The case could ultimately reach the U.S. Supreme Court.

Read more: https://www.cbsnews.com/news/biden-asylum-restrictions-judge-rejects-border-crossings/

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Full headline: Judge rejects U.S. asylum restrictions, jeopardizing Biden policy aimed at deterring illegal border crossings

[former9thward]

1. This judge, an Obama appointee, is the son of Michael Tigar, a radical defense attorney.

Mike Tigar represented Angela Davis, Terry Nichols of the OK city bombing, Lynne Stewart who supplied terrorists with material support, John Demjanjuk (the Nazi Ivan the Terrible) among many others. After law school he went to clerk for Justice Brennan who fired him the first week after complaints from J. Edgar Hoover.

[SouthernDem4ever]

2. At this point, I don't know if I would pick the US for asylum

but I guess the rest of the world still sucks worse.

[LymphocyteLover]

3. A bit confusing from the excerpt-- here's the legal part:

"The regulation, enacted in May, disqualifies migrants from asylum if they cross the U.S. southern border without legal permission and without first seeking humanitarian refuge in another country, like Mexico, on their journey north. The rule exempts certain migrants, including unaccompanied children, those who obtain permission to enter the U.S. at a legal port of entry, and asylum-seekers fleeing "imminent" harm.

Those unable to qualify for one of the exemptions could be swiftly deported from the U.S., banished for five years and faced with criminal prosecution if they try to reenter the country unlawfully. During its first weeks of implementation, the restriction has been mainly applied to migrant adults.

The Justice Department said it would appeal Tigar's ruling and ask for it to be suspended while the appeals process plays out. "We remain confident in our position that the Circumvention of Lawful Pathways rule is a lawful exercise of the broad authority granted by the immigration laws," a Justice Department spokesperson said.

Homeland Security Secretary Alejandro Mayorkas said the administration "strongly" disagreed with the ruling. But he stressed that it would not immediately change U.S. border policy."

[BumRushDaShow]

4. I think it is in reference to this announced back in January

https://www.democraticunderground.com/10143015232

with more details here - https://www.democraticunderground.com/10143066965 and here - https://www.cbsnews.com/news/immigration-parole-migrants-us-expansion-biden/

[WhiskeyGrinder]

5. Good. That policy completely undermines the concept of asylum.