A federal judge on Tuesday blocked President Joe Biden‘s new border policy which tightened restrictions on migrants claiming asylum.
It had been credited with slashing the number of illegal crossings.
And it marks a bitter blow to Biden. The White House quickly said the Department of Justice would appeal the ruling.
Biden came to power promising to reverse many of Donald Trump’s most hardline measures.
But his administration introduced a fresh series of asylum restrictions earlier this year as Title 42, a pandemic-era measure that allowed many migrants to be immediately expelled, expired.
President Joe Biden on Tuesday suffered a setback as border restrictions introduced with the expiration of Title 42 were blocked by a California judge
Asylum-seeking migrants sit by a wire fence while waiting to be transported by U.S. law enforcement officers after crossing the Rio Grande river into U.S. from Mexico in Eagle Pass
It triggered multiple lawsuits by Republican states as well as refugee advocacy groups.
In bringing the case, the A.C.L.U. accused the Biden administration of following the Trump playbook by denying asylum to people who had traveled through a third country to reach the border without applying for sanctuary there.
‘Despite the administration’s efforts to distinguish its proposal from Trump’s, they share a common core, which is to punish people for not requesting asylum in the countries they must travel through to reach the U.S., like Mexico and Guatemala,’ it said.
‘This ignores the obvious reason why so many do not seek asylum there: These countries do not offer real sanctuary for migrants fleeing persecution.’
Judge Jon Tigar of the California Northern District Court sided with their argument in his decision but put the bar on hold for 14 days to allow a possible appeal.
The A.C.L.U. welcomed the ruling.
‘The administration now faces a choice: Follow the law, or try to block the ruling from taking effect in 14 days, leaving people seeking safety in grave danger,’ the group tweeted.
And Melissa Crow, director of litigation at the Center for Gender & Refugee Studies, said: ‘The court got it right.
‘We urge the administration to stop defending this illegal policy.’
A group of around 60 Venezuelan migrants turn themselves in to the Border Patrol after crossing the Rio Grande in Ciudad Juarez, Mexico on July 20
The A.C.L.U. called on the Biden administration to follow the law after the ruling
In his 35-page ruling, Tigar said U.S. law specifically states that crossing the border illegally should not be a bar to asylum.
And it only allowed migrants to be rejected if they had traveled through a country that ‘presents a safe option.’
‘The rule — which has been in effect for two months — cannot remain in place,’ he concluded.
Tigar was nominated to the bench by President Barack Obama and was responsible for repeatedly blocking similar restrictions imposed by the Trump administration.
White House Press Secretary Karine Jean-Pierre responded during her daily briefing.
‘Nothing has changed. There’s a stay, which means that our border enforcement plan remains in full effect,’ she said.
‘The Department of Justice will appeal the decision and seek to extend the stay.
‘And as we have said multiple times, our border enforcement plan works. It is deterrence, it’s diplomacy and enforcement.’
The Biden administration has struggled to control crossings.
Under Operation Lone Star, Texas has deployed thousands of National Guard troops to the border and installed a floating barrier in the Rio Grande River
However, the most recent data from U.S. Customs and Border Protection suggests the new measures were working. Border agents encountered about 144,000 people trying to cross in June, 30 percent down on the month of May.
Meanwhile, the Department of Justice has launched legal action against Texas to remove barriers installed in the Rio Grande River.
An administration official accused Gov. Greg Abbott of playing dangerous ‘political games’ with the lives of people trying to reach safety.
Abbott appeared to relish the action, saying in a statement just before the Department of Justice made its move: ‘Texas will see you in court, Mr. President.’
He had large plastic buoys installed in the river earlier this month near the city of Eagle Pass, amid a series of measures designed to deter people from crossing.
The Biden administration says he had no right to take such action.
