Name: Federal Judge Deals Blow to Biden’s Immigration Plans
Uploaded: 2023-07-26T01:55:13.000Z
Description: A federal judge has blocked the White House's new rules for people seeking asylum at the U.S.–Mexico border, handing a win to left-wing immigration groups.

Jack Bradley is a Washington correspondent for NTD News based in Washington, D.C. Jack previously anchored "NTD Newsroom" and worked as an assistant producer for the show. 

Jack Bradley

NTD Plus

News

News with integrity, from the U.S. and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

China’s Broken Promises Loom Over New Trade Deals

David Lam is a national correspondent based in California and a part-time anchor for "NTD Tonight." Before joining NTD he was a financial analyst.

David Lam

Californians React as Trump Calls for Gas Tax Suspension

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

Federal Agencies Announce ‘Summer Surge’ of Law Enforcement into DC Ahead of 250th Anniversary

Christina Corona is a California-based reporter for NTD News. She primarily covers California news, politics, and entertainment.  

Christina Corona

Trump Administration Reports Zero Border Releases

Arian Pasdar is an international correspondent for NTD News based in South America. His reporting focuses on immigration and key events in Latin America.

Arian Pasdar

US to Host 1st Ever World Cup Final Halftime Show, Featuring Shakira, Madonna

Savannah Pointer is a politics reporter for The Epoch Times. She can be reached at savannah.pointer@epochtimes.us

Savannah Hulsey Pointer

Jason Perry is an Army veteran and NTD's National Security Correspondent based at the network's global headquarters in New York City. Jason primarily covers border security, national defense, foreign wars, and veterans' issues.

Jason Perry

Health News

Texas Children's Hospital to Open First-Ever Detransition Clinic Under Deal With DOJ

Sam Wang is a Washington correspondent for NTD News based in Washington, D.C. Sam covers politics on Capitol Hill, and U.S.-China relations. 

Sam Wang

Citizens Honor Police for Their Service and Sacrifice

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

Trump ‘Projecting American Influence and Leadership’ on Iran Issue in Beijing: China Expert

Chris Bob is a reporter for NTD and a host of "Profiles of Service." He is also a small business owner. Chris graduated from Union College with a concentration in politics and religion in Russia and the former Soviet Union.

Chris Bob

Senate Panel Advances Crypto Regulation Bill

Jason Blair is a national correspondent for NTD News based in California. 

Jason Blair

Lawmakers Weigh ‘Sanctuary’ Polices After Woman’s Death in Virginia

NTD Evening News Full Broadcast (May 15)

NTD Evening News Full Broadcast (May 14)

NTD Evening News Full Broadcast (May 13)

NTD Evening News Full Broadcast (May 12)

NTD Evening News Full Broadcast (May 11)

Don Ma is an anchor and senior business correspondent based at the network's global headquarters in New York City. Don is the anchor and producer of NTD's "Business Matters," which airs weekdays at 4:30 pm ET.

Don Ma

NTD Evening News Full Broadcast (May 10)

NTD Evening News Full Broadcast (May 9)

NTD Evening News Full Broadcast (May 8)

NTD Evening News Full Broadcast (May 7)

NTD Evening News Full Broadcast (May 6)

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

China Sends Warships to Pacific Drill as Tensions With Japan Rise

Reuters is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages.

Reuters

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.

NTD Good Morning

2 US Embassy Personnel Assigned to Cartel Case Killed in Car Accident

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

Gunman Kills 8 Children, Including 7 of His Own, in Louisiana Mass Shooting

Flora Hua is a reporter based at NTD's global headquarters in New York City, where she covers China news, U.S.-China relations, and human rights issues. Flora primarily contributes to NTD's "China in Focus."  

Flora Hua

Trump: Seized Iranian Ship May Have ‘A Gift From China’

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Wildfires Across Georgia and Florida Have Destroyed Nearly 50 Homes and Are Forcing Evacuations

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

A federal judge has blocked the White House's new rules for people seeking asylum at the U.S.–Mexico border, handing a win to left-wing immigration groups.

U.S. District Judge Jon Tigar—an Obama appointee—in Northern California <a href="https://www.scribd.com/document/661115447/Biden-Asylum-Case#download&from_embed">found</a> the rules unlawful because the mandate imposes conditions that Congress did not intend. Judge Tigar stayed his own ruling for 14 days, allowing the Biden administration to appeal before his order takes effect.

"The Court concludes that the Rule is contrary to law because it presumes ineligible for asylum noncitizens who enter between ports of entry, using a manner of entry that Congress expressly intended should not affect access to asylum," the judge wrote on Tuesday.

"The Rule is also contrary to law because it presumes ineligible for asylum noncitizens who fail to apply for protection in a transit country, despite Congress’s clear intent that such a factor should only limit access to asylum where the transit country actually presents a safe option."

In recent months, the Department of Homeland Security (DHS) implemented a series of measures that attempt to stem the flow of illegal immigration and better manage the influx of illegal aliens along the U.S.–Mexico border. It came after the Trump-era Title 42 pandemic rule that was used to expel people from the country expired earlier this year.

But Judge Tigar concluded that the new programs that provide illegal aliens an avenue to apply for asylum in the United States are specific to certain nationalities. He added that the rules aren't meaningful for all people who seek asylum.

“The Rule therefore assumes that these exceptions will, at the very least, present meaningful options to noncitizens subject to the Rule. Parole programs are not meaningfully available to many noncitizens subject to the Rule," he wrote.

"Though other parole programs exist, the Rule generally relies on the parole programs for Cuban, Haitian, Nicaraguan, Venezuelan, and Ukrainian nationals. These programs are country-specific and ‘are not universally available, even to the covered populations.'"

Lawyers for the Department of Justice argued that the administration's policy is different than a Trump administration version, with a lawyer for the DOJ arguing last week that the new policy includes legal pathways for people seeking asylum protection.

The Biden administration added that the asylum rule was a key part of its strategy to strike a balance between strict border enforcement and ensuring several avenues for migrants to pursue valid asylum claims. The rule was a response to political and economic instability fueling an exodus of migrants from countries, including Brazil, Colombia, Cuba, Ecuador, Haiti, Nicaragua, Peru, and Venezuela.
<h2>The Rule Is 'Arbitrary and Capricious'</h2>
The judge wrote the government violated the Administrative Procedures Act, which sets guidelines on how agencies implement rules when it rolled out the latest asylum rule.

Illegal immigrants are moved onto charter buses and transfered to a migrant shelter after being caught by border patrol agents in Indio, Calif., on Oct. 18, 2021. (John Fredricks/The Epoch Times)

“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,” he wrote. “The Rule is therefore arbitrary and capricious.”

Judge Tigar blocked a similar <a href="https://www.reuters.com/article/us-usa-trump-ruling/u-s-judge-temporarily-blocks-trump-asylum-restrictions-idUSKCN1NP0GM">policy during</a> the Trump administration, while left-wing immigration groups urged him to do the same with the latest federal rule.

The Supreme Court eventually allowed the Trump administration to limit asylum for people who don’t apply for protection in a country they travel through before coming to the United States to go into effect. But another Trump administration effort to bar people from applying for asylum except at an official border entry point was caught up in litigation and never took effect.
<h2>'The Ruling Is a Victory'</h2>
The American Civil Liberties Union (ACLU) said Judge Tigar's Tuesday ruling is a win for immigration advocates. The ACLU was involved in the case against the Biden administration.

“The ruling is a victory, 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,” Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project, said in a statement.

“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,” Ms. Eiland said.

In announcing the new rule, the Biden administration emphasized the complex dynamics at play when it comes to immigration, that at one time consisted largely of adults from Mexico seeking to come to the United States. They could easily be returned home. Now migrants come from across the Western Hemisphere and beyond.

Tuesday's ruling also comes after the Department of Justice, in a separate case, filed a lawsuit against Texas Gov. Greg Abbott's administration after it placed an inflatable barrier inside the Rio Grande river in a bid to curb illegal immigration. Mr. Abbott said on Monday that he would fight the administration in court.

<em>The Associated Press contributed to this report.</em>

<em>From <a href="https://www.theepochtimes.com/us/federal-judge-deals-blow-to-bidens-immigration-plans-5421812">The Epoch Times</a></em>

Latest

Videos

Politics

01_Lead Story

04_Top Stories

Latest Clips

biden

Management

Immigration &amp; Border Security

Jack Phillips is a breaking news reporter with 15 years experience who started as a local New York City reporter. Having joined The Epoch Times' news team in 2009, Jack was born and raised near Modesto in California's Central Valley. 

Jack Phillips

02_Second Lead

Executive Branch

Courts

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.