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In a significant legal setback for the Biden administration, a California federal judge, U.S. District Judge Jon Tigar, ruled against recent restrictions placed on asylum along the U.S.-Mexico border on Tuesday.

He argued that the policy, partially attributed to the notable decrease in migrant crossings, infringes on the country's legal responsibilities towards individuals escaping violence.

Policy Found In Contravention of US Asylum Law

The policy, enacted in May, was found by Judge Tigar to be in violation of U.S. asylum law. The law, since 1980, allows migrants on American soil to appeal for humanitarian protection, a mechanism to forestall the government's attempts to deport them, irrespective of their method of entry into the country.

The recently implemented policy disqualifies migrants from seeking asylum if they cross the U.S. southern border unlawfully and without first requesting humanitarian refuge in another country, such as Mexico, during their northward journey. Exceptions were made for specific migrants, including unaccompanied minors, individuals who secure permission to enter the U.S. legally, and asylum-seekers facing "imminent" harm.

The California Federal Judge's Stand Against Restrictive Rule

Judge Tigar, in his Tuesday ruling, declared the rule excessively restrictive as it considers factors not explicitly approved by Congress, such as whether migrants utilized a legal migration program before requesting asylum. His verdict was based on his interpretation that some of the exemptions to the asylum restriction are "unavailable to many noncitizens."

"The Rule is contrary to law 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 explained.

Reaction to the Ruling

Migrant advocates applauded the ruling, considering it a victory for those fleeing persecution and seeking safe haven. "The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger," said Katrina Eiland, the ACLU attorney who argued the case.

However, the Biden administration believes the asylum restriction contributed to the substantial decrease in migration along the southern border since the termination of the Title 42 pandemic-related measure on May 11.

The administration has also accredited the reduced levels of unauthorized migration to its unparalleled efforts to broaden opportunities for migrants to legally enter the U.S. One example is the CBP One app, which allows asylum-seekers in Mexico to request an appointment to be processed at ports of entry.