this post was submitted on 25 Jul 2023
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[–] Arotrios@kbin.social 5 points 1 year ago

Kudos to the judge, especially his specific reasoning regarding Mexico:

In an order that will not take effect for two weeks, Tigar wrote “the rule … cannot remain in place”, in part because it improperly presumes people who enter the country between legal border crossings are ineligible for asylum.
...
The administration had argued that protection systems in other countries that migrants travel through have improved. But Tigar said it was not feasible for some migrants to seek protection in a transit country and noted the violence that many face in Mexico in particular.

He also wrote that the rule was illegal because it presumes that people are ineligible for asylum if they enter the country between legal border crossings. But, Tigar wrote, Congress expressly said that should not affect whether someone is eligible for asylum.

I'm not really seeing a viable appeal here from the Justice Department. IMHO, they should just take the loss and let the ruling stand. This isn't a political winner for Biden, and has the potential to backfire on his administration.