A migrant gestures to Texas National Guards standing behind razor wire on the bank of the Rio Grande river, seen from Matamoros, Mexico, Thursday, May 11, 2023. Pandemic-related U.S. asylum restrictions, known as Title 42, are to expire May 11. (AP Photo/Fernando Llano)
WASHINGTON (AP) — A federal judge on Tuesday blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the U.S.-Mexico border without first applying online or seeking protection in a country they passed through. But the judge delayed his ruling from taking effect immediately to give President Joe Biden's administration time to appeal.
“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.
The Justice Department said it would seek to prevent the judge's ruling from taking effect and that it's confident the rule is lawful.
Immigrant rights groups that sued over the the rule applauded the judge's decision.
“The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it,” American Civil Liberties Union attorney Katrina Eiland, who argued the case, said in a statement.
The ACLU and other groups had argued the rule violates a 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. They also argued that the CBP One app the government wants migrants to use doesn't have enough appointments and isn’t available in enough languages.
The administration had argued that protection systems in other countries that migrants travel through have improved. But Tigar said it's not feasible for some migrants to seek protection in a transit country and noted the violence that many face in Mexico in particular.
“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,” the judge wrote.
He also wrote that the rule is illegal because it presumes that people are ineligible for asylum if they enter the country between legal border crossings. But, Tigar wrote, Congress expressly said that should not affect whether someone is eligible for asylum.
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 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 noted that such pathways are not available to all migrants.
The Biden administration also argued that it was allowing potentially hundreds of thousands of people into the U.S. through the CBP One app. Migrants use the app to schedule an appointment to present themselves at the border to seek entry to the U.S. and request asylum.
Tigar noted that the 1,450 appointments currently available daily outstrips demand, leaving asylum seekers waiting in Mexico where they're at “serious risk of violence.”
The Biden administration said the asylum rule was a key part of its strategy to strike a balance between strict border enforcement and ensuring several avenues for migrants to pursue valid asylum claims. According to Customs and Border Protection, total encounters along the southern border — meaning migrants who either came to one of the ports of entry or tried to cross between them — were down 30% in June compared with the previous month. The agency said it was the lowest monthly total since February 2021.
Critics have argued that the rule is essentially a newer version of efforts by President Donald Trump to limit asylum at the southern border. The Supreme Court eventually allowed the Trump administration to limit asylum for people who don't apply for protection in a country they travel through before coming to the U.S. to go into effect. But another Trump effort to bar people from applying for asylum except at an official border entry point was caught up in litigation and never took effect.
U.S. officials spoke to Russian leaders for nearly eight hours earlier this week, in hopes of reducing tensions between Russia and Ukraine. Russia forced the west to the negotiating table by massing 100,000 troops near the Ukrainian border, sparking fears of an invasion, and then submitted a set of demands which the west rejected. Joel Rubin, former Deputy Assistant Secretary of State & President at Washington Strategy Group explains what the rest of the week might look like, and why other European nations may be on the side of the U.S.
Chicago schools opened their doors again following a dispute between the teachers union and the city over as the omicron variant continues to surge, but the safety issues they fought over weren't just limited to the Windy City. Dr. Bayo Curry-Winchell, family medicine and urgent care doctor, joined Cheddar in discussing concerns of parents, teachers, and students as schools try to operate amid COVID and noted what she's been observing as the number of infections among children rises. "I am seeing them contract the illness from so many different aspects," she said. "It could be from a fellow classmate. It could be from a parent. All of those things really play in the effect of transmission as well as contracting the illness."
Sen. John Hickenlooper (D-Colo.) is looking for clarification about a federal standard regarding THC impairment while driving. "I think in terms of marijuana, the fact that it's still a Schedule 1 narcotic — it's treated the same as heroin and cocaine — it means that we can't get standards developed," he said about the lack of cohesive regulations. The lawmaker also explained his previous opposition to cannabis legalization in Colorado when he was governor and why his position changed.
With Martin Luther King Jr. Day fast approaching, Rep. James Clyburn (D-S.C. 6th District), the House Majority Whip, talked about the importance of honoring the iconic civil rights activist. "As we consider the life and celebrate the legacy of Martin Luther King Jr., let's think about who and what we are as a country, and whether or not we're going to give up on the ideals of this country or continue to press forward," he said. Clyburn also discussed the push for new voting legislation, the For the People Act and the John Lewis Act, as well as the fate of the Senate filibuster.
One year after the attack on Capitol Hill, America is still deeply divided and politically broken. Zoe Tillman, senior reporter for BuzzFeed News, breaks down President Biden's remarks on January 6, and why the country disagrees on its views over the violent insurrection.
While the pandemic caused financial troubles for many, the unique circumstances of the last two years proved helpful to many Americans. Whether it was the federal government's stimulus checks, expanded unemployment insurance, or general lockdowns, recent data reveals that the covid-19 pandemic helped many reach financial security. Neale Godfrey, Financial Expert and New York Times #1 Best Selling Author joined Cheddar's Opening Bell to discuss.
U.S. markets opened higher despite red-hot inflation data which showed the highest surge in nearly 40 years. Jon Maier, CIO, GlobalX ETFs joined Cheddar's Opening Bell to discuss this historic report.
Meta's request to have a Federal Trade Commission antitrust lawsuit dismissed was rejected by a federal judge. Prosecutors presented enough evidence in their latest filing to go forward with the case accusing the tech giant of operating a social networking monopoly through Facebook, Instagram, and WhatsApp.
Covid cases have started to spike again across the nation, and this time they seem to be hitting some of our youngest and most vulnerable - school-aged children. School districts across the nation - including the country's largest public school system in New York City- are all grappling with what to do as teachers and students alike continue to miss school in droves.
Katie Honan, reporter for the New York City-based non profit news organization, The City explains how educational leaders across the country are handling covid demands from both teachers and parents alike.
Last week, the Supreme Court began here to hear arguments on two of the President's COVID-19 vaccine mandates. The vaccine or testing requirement for employees of large businesses, as well as the vaccine mandate for health care providers who get funding through either Medicare or Medicaid. The justices in DC will ultimately decide whether or not federal agencies even have the authority to issue these types of mandates. Editor at large of employment at Law 360, Vin Gurrieri, joined Cheddar to discuss more.
