Biden administration measure allowed authorities to deny protection to people trying to enter the country illegally; decision can be appealed

The judge of the United States District Court for the Northern District of California, Jon Tigar, blocked this Tuesday (July 25, 2023) the asylum policy for immigrants of the Joe Biden government. Here is the full text of the decision (374 KB, in English).

According to the magistrate, the measure violates asylum laws passed by Congress that allow anyone who enters the US to seek protection, regardless of how they arrived in the US country. The decision can be appealed. Biden’s government has 14 days to appeal.

The policy had been in effect since May 12 and was established after Title 42 – border restrictions mandated by the Donald Trump administration during the covid pandemic – expired.

The rule known as “the transit ban” (transit ban), allowed the government to deport migrants deemed ineligible for asylum in the US. Tigar ruled on Tuesday (July 25) that while the Biden administration added new conditions on who would be eligible for asylum, many migrants still would not be able to qualify.

The text prevented migrants from gaining asylum in the US if they passed through another country on the migration route and did not apply for asylum before seeking the appeal in the United States. It also established that asylum seekers must, before entering the US, use an application to make an appointment for an interview with a US immigration authority.


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