A recent federal court decision blocking a key Biden administration asylum policy has raised concerns about a potential new surge of migrants at the southern border. The ruling, issued by Judge Jon S. Tigar, overturns the 'Circumvention of Lawful Pathways' rule, which prevented migrants who crossed the border illegally from seeking asylum if they hadn't first sought protection in a transit country.
This policy, coupled with stricter Title 8 penalties and expanded legal pathways, had contributed to a reported 70% drop in illegal crossings since the end of Title 42 in May. The administration touted this as a success, citing June's border numbers as evidence. DHS Secretary Alejandro Mayorkas emphasized the effectiveness of the combined approach during a House Judiciary Committee hearing, stating it has led to a significant decrease in unlawful entries.
However, the strategy has drawn criticism from both sides of the political spectrum. Conservatives argue that the administration is misusing parole authority and facilitating illegal immigration through legal loopholes, while immigrant advocates contend that the policy unfairly restricts access to asylum. The ACLU celebrated the court's decision as a victory, but expressed concern about the ongoing risks faced by those seeking asylum while the legal battle continues.
DHS officials had warned of a potential surge in crossings if the rule was overturned, predicting a strain on resources and border communities. Reports suggest that a large number of migrants are waiting in Mexico, anticipating the outcome of the legal challenge. Critics of the administration share these concerns, with groups like FAIR warning that the ruling will encourage further exploitation of the asylum system.
Secretary Mayorkas responded to the ruling by reiterating that the rule remains in effect pending appeal and emphasizing the consequences for illegal entry, including expedited removal, a five-year re-entry ban, and potential criminal prosecution. He urged migrants to utilize legal pathways instead of relying on smugglers.
