Judge Tigar Blocks Limits on Asylum Entries at US-Mexico Border


Federal Judge Tigar on Tuesday ruled against a Biden administration parole program, finding for the plaintiffs. The judge blocked limits to the asylum program but gave the Biden administration 14 days to appeal.

The alleged asylum seekers can stay for years until their case is heard.

US District Judge, Jon Tigar of the Northern District of California, an Obama judge 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.

The rule involved is the May 16, 2023, DHS and DOJ, “Circumvention of Lawful Pathways,” which established new criteria for admitting asylum seekers into the U.S.

The rule’s “primary purpose is to incentivize migrants, including those intending to seek asylum, to use lawful, safe, and orderly pathways to enter the United States or seek asylum or other protection in another country through which they travel,” according to the rule’s preamble published in the Federal Register.


The parole program allows noncitizens using the CBP One appwithout appropriate documents for admission” to travel to the US illegally anyway if they enter certain ports. [They don’t have the inconvenience of waiting, and it makes the massive numbers coming across look lower than they are.]

An additional half million people have come in this way since its inception.

A Border Patrol Riverine Unit conducts patrols in an Air and Marine Safe-Boat in South Texas along the Rio Grande river. They rescue a child who is stranded on the river bank of the Rio Grande.
Photographer: Donna Burton

In a 35-page decision, Judge Tigar said he had found the policy, which had been in effect since May 12, “both substantively and procedurally invalid,” he noted that in 2019, He struck down a similar rule put in place by the Trump administration.

“The court concludes that the rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum,” the judge wrote.

The judge is referring to another new parole program created to allow entry into the U.S. among those who otherwise wouldn’t be eligible, to an additional 30,000 Cubans, Haitians, Nicaraguans, and Venezuelans each, not in total, per month.

This is in addition to another new parole program effective this month, specifically for Colombians, El Salvadorans, Guatemalans, and Hondurans. To facilitate faster entry, the administration opened regional processing centers outside of the United States for the first time in U.S. history.

Tigar said it is not “meaningfully available to many noncitizens subject to the Rule. Though other parole programs exist, the Rule generally relies on the parole programs for Cuban, Haitian, Nicaraguan, Venezuelan, and Ukrainian nationals. These programs are country-specific and ‘are not universally available, even to the covered populations.’”

In other words, he wants it available to everyone.

Tigar also ruled that “limiting eligibility for asylum based on the expansion of other means of entry or protection is to consider factors Congress did not intend to affect such eligibility.”

According to the complaint, the plaintiffs – the ACLU, and other leftist groups – argued that many of their clients are illiterate or only marginally literate and would struggle using the app. They also argued that the rule would substantially cut the number of their clients, and they would lose significant amounts of funding.

It appears they want it to be easier to bring poor, needy, illiterate people into the country so they get more funding.

It’s a clear win for the plaintiffs.
The New York Times reports that asylum seekers can live in the United States while their cases are pending in the backlogged courts.

“Once in the immigration court system, they are eligible for employment authorization,” Blas Nuñez-Neto, a senior official at the Homeland Security Department, said last week. “That means they have years to live in the U.S. and earn money and support families back home,” he said during a discussion hosted by the Migration Policy Institute. “All these factors are drawing people.”

It looks like that is money taken out of the U.S. economy while enabling cheap labor, keeping wages down.

There are more than two million pending cases in immigration court, and about four out of 10 are asylum applications, The New York Times reports.

Speaking at the Migration Policy Institute event, David Neal, director of the Executive Office for Immigration Review at the Justice Department, estimated that for the current fiscal year, about one million new cases would be filed. Though new judges have been added and the process has been streamlined, he said, the courts would probably complete only about 500,000 cases for the year.

The Migration Policy Institute is funded by open borders leftists like Open Society Foundations, Ford Foundation, SEIU, Global Commission on International Migration, UN High Commissioner for Refugees, UN Office for the Coordination of Humanitarian Affairs, U.S. Chamber of Commerce, World Bank, World Health Organization, and many more.

They’re all working to destroy this country’s borders and sovereignty.


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