“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.
