BIDEN-ERA LIMITS ON BORDER ASYLUM FOUND TO BE PARTIALLY UNLAWFUL
The former Biden Administration’s rules restricting asylum at the southern border contain elements that are unlawful, a federal district court ruled Friday.
The Refugee and Immigrant Center for Education and Legal Services, Las Americas Immigrant Advocacy Center, and 28 asylum seekers challenged former President Joe Biden’s 2024 “Securing the Border” rules that block off some asylum claims until the level of crossings fall significantly. The rules have remained in effect under the Trump administration.
Aspects of the rules are arbitrary and capricious and are contrary to the Administrative Procedure Act and Immigration and Nationality Act, said Judge Rudolph Contreras in a memorandum opinion for the US District Court for the District of Columbia, granting and denying in part both sides’ cross-motions for summary judgment. These aspects of the rules “must be vacated and remanded to the issuing agencies under the APA,” Contreras said.
"[T]he Court agrees with Plaintiffs that the Rule’s limitation on asylum eligibility violates the INA, that the manifestation of fear requirement is arbitrary and capricious, and that the Guidance’s four-hour consultation window is arbitrary and capricious,” Contreras said. “The Court rejects Plaintiffs’ argument that the reasonable probability screening standard is arbitrary and capricious.”
President Donald Trump’s “Securing Our Borders” executive order shut down the CPB One application and effectively closed the southern border—shutting down asylum processing at the southern border, the judge said. “Plaintiffs—including any who may still be in U.S. custody—will therefore be unable to apply for asylum unless or until that executive order is also set aside or withdrawn, which falls outside the scope of this litigation,” he said.
“The Court will, however, order Defendants to vacate the individual Plaintiffs’ negative credible fear decisions and removal orders,” the judge said.
