Washington, DC – Today, federal Judge Jon S. Tigar enjoined the Biden administration’s asylum ban. In his ruling, Judge Tigar affirmed the right to apply for asylum and wrote, “To justify limiting eligibility for asylum based on the expansion of other means of entry or protection is to consider factors Congress did not intend to affect such eligibility.”
The following is a statement from Vanessa Cárdenas, Executive Director of America’s Voice:
“I welcome Judge Tigar’s ruling enjoining the Biden asylum ban and upholding the notion that America should remain a beacon of hope and a safe haven for those who suffer persecution and torture. It sends a strong message to the Biden administration that it must adhere to the law. Gutting the asylum program in violation of the law creates chaos, not order, and does nothing to create a safe, orderly and fair system by which migrants may have their asylum claims fairly adjudicated.
We remain mindful that even if Judge Tigar’s ruling goes into effect in two weeks and is ultimately upheld, it does not fix the broken asylum system. Problems with the CBP One App will likely persist and we need to concentrate on resourcing the asylum system, allowing people to ask for asylum at our official ports of entry and thereby reducing incentives for those seeking safety to do so at more dangerous points between ports of entry. Ultimately though, only Congress can fully fix the broken asylum and immigration system, giving people the option of coming with visas for family or work and legalizing those who already work here. Congress must deliver the modernization we need. In the meantime we call on the administration to use the tools it has, including dedicating more resources to the border to address asylum backlogs, while using parole programs, TPS, and the refugee admissions process to stabilize the system and provide additional pathways for those in need of protection.
We must reject simplistic analysis that claims that asylum restrictions are the reason that Republicans’ apocalyptic predictions about the end of Title 42 haven’t come to pass. The drop in border encounters is attributable to a number of factors, including the end of the recidivism brought by Title 42 itself, channels toward ports of entry, seasonal fluctuations and new safe and orderly pathways that help alleviate border pressures.
As the GOP continues its preference for political stunts and dangerous anti-immigrant extremism, President Biden and Democrats can and should lean in to solutions and to show a contrast on immigration more purposefully. We can manage this moment and the larger challenges and opportunities of 21st century global migration. There is no enforcement policy that President Biden adopts that will ever assuage the relentless Republican attacks regarding immigration and the border. But the best way to address that reality isn’t by adopting deterrence policies and asylum restrictions and blurring distinctions with Republicans, but defining the contrasts in sharper relief and standing up for American values.”
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