A federal judge invalidated a Biden administration rule that imposed limitations on asylum. The ruling specifically pertains to noncitizens who enter the U.S. between ports of entry or failed to seek protection in a third country as ineligible for asylum.

The judge declared that both provisions of the “circumvention of the lawful pathways” rule violate congressional intent. Congress explicitly stated that the manner of entry should not impact access to asylum. Additionally, the judge highlighted that restrictions requiring noncitizens to first seek asylum in a transit country only applied if those countries were genuinely safe.

In essence, the judge emphasized that the asylum statute permits any noncitizen physically present in the United States, regardless of their entry method – whether through a work visa, parole-related travel authorization, or at a land border or port of entry – to apply for asylum, with certain exceptions. The judge clarified that limiting eligibility based on factors such as the expansion of other means of entry or protection contradicts Congress’s intended criteria for asylum eligibility.

To provide the Biden administration with an opportunity to appeal, the order has been stayed for 14 days. This temporary stay grants the administration a brief window to challenge the ruling.

We actively monitor ongoing updates in U.S. immigration law to ensure that our clients receive accurate advice tailored to their specific situations. If you have any questions about immigration-related matters, please feel free to contact us. We are with you every step of the way.