District Court Judge Jon Tigar of the Northern District of California said, in his ruling, he was “not persuaded that deviating from the presumed remedy of vacatur and remand is appropriate in this case. Plaintiffs are organizations that represent and assist asylum seekers (who) “argue the Rule is invalid under the Administrative Procedure Act (‘APA’) for three reasons: first, it is contrary to law second, it is arbitrary and capricious and third, it was issued without adequate opportunity for public comment,” summarized the court. Unless they meet one of several exceptions, such individuals will be presumed ineligible for asylum,” noted the pleading.Įxceptions, added the court, would only be a “showing of ‘exceptionally compelling circumstances’ at the time of entry…exceptions for unaccompanied children, noncitizens authorized to travel to the U.S….certain noncitizens who present at a port of entry, and noncitizens who have been denied asylum or other forms of protection by another country.”
The Biden Rule-in effect the same as the Trump Rule-applied “a presumption of asylum ineligibility to noncitizens who traveled through a country other than their own before entering the U.S. The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it,” said Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case.Įiland added, “but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger.” Johnson, and Immigration and Customs Enforcement (“ICE”). Miller, United States Customs and Border Protection (“CBP”), Tae D. of Homeland Security (“DHS”), Ur Jaddou, United States Citizenship and Immigration Services, Troy A. of Justice (“DOJ”), David Neal, Executive Office of Immigration Review, Alejandro Mayorkas, U.S. The plaintiffs-East Bay Sanctuary Covenant, American Gateways, Central American Resource Center, Immigrant Defenders Law Center, National Center for Lesbian Rights, and the Tahirih Justice Center-are represented by the American Civil Liberties Union, ACLU of Northern California, Center for Gender & Refugee Studies, and National Immigrant Justice Center.ĭefendants include President Joseph R.
Biden, was filed in May “when the Biden administration implemented the new asylum restrictions that mimic two past policies - the “entry” and “transit” bans - which were struck down by the courts under the Trump administration,” explained the ACLU in a statement. SAN FRANCISCO, CA – A host of pro-migrant groups, including the ACLU, hailed as a victory Tuesday a federal court ruling that blocked the Biden administration’s new asylum ban, but lamented it “delayed its ruling from taking effect for 14 days.”Ī lawsuit, East Bay Sanctuary Covenant v.
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