Gavel judge table

In a decision that could drastically impact immigration policy in the U.S., President Joe Biden’s “asylum ineligibility rule” was ruled as invalid last week by a federal judge in San Francisco.

As reported by NBC News, the policy — instituted by president Biden after the official lifting of Title 42 COVID-19 restrictions in May — was deemed “both substantively and procedurally invalid” by Judge Jon Tiger. The policy states that those detained while attempting to cross borders into the U.S. are required to show proof that they have already been denied asylum in another country, and if not, they would be required to schedule an asylum hearing appointment. 

While deeming the policy as invalid, Judge Tiger did decide to place a 14-day stay on his own decision, which is likely to prolong the rule’s effectiveness for at-minimum two weeks. In response to the ruling, justice Department Lawyers have appealed the decision and in all likelihood, the case will be resolved one way or another in the Supreme Court. President Biden claims that the rule has helped to limit border crossing attempts after a 3-year stretch during the pandemic that saw 2 million attempts under Title 42.

Detractors, however, note that since the asylum ineligibility rule was put in place, the number of crossing attempts has actually gone down. The Department of Homeland Security is in favor of keeping Biden’s policy in place, as they claim lifting it would mean a likely increase in crossing attempts — which would lead to significant difficulties for border patrol officials and surrounding cities. 

In related news, click here to revisit the declaration from the World Health Organization as they no longer deemed COVID-19 a public health emergency.