A new court ruling that went against President Biden’s “asylum ineligibility rule” could make it easier for people looking for asylum in the U.S. to start the process. A federal judge in California wrote that the rule is “substantially and procedurally invalid.”
Originally, the asylum application restriction was part of a set of rules called Title 42. It requires asylum seekers to prove one of two things before they can schedule an appointment: 1) they are at a legal port of entry into the U.S., or 2) they applied for asylum in another country on the way to the U.S. but were denied.
Covid restrictions end, except for this rule
The federal government began its Title 42 policy during the Covid-19 pandemic to limit the disease from crossing the border. But it continued after other Covid restrictions ended and only ended in May. However, immigration authorities kept enforcing the asylum restrictions. The government said it was necessary to control migration to this country and ending it would put too much of a burden on immigration enforcement. But migration to the U.S. has dropped since the end of Title 42. And the older policy for asylum appointments was in place for decades.
On the way to the Supreme Court?
After hearing a challenge to the asylum ineligibility rule, Judge Jon Tigar ruled “the Rule… cannot remain in place” and called it “invalid.” However, he also issued a 14-day stay on his decision. The government will probably appeal his ruling in that time. Observers believe this case will reach the U.S. Supreme Court eventually.
Getting asylum for a family member can be a challenge. Working with an immigration attorney can make the process shorter and improve the chances of success.