Federal Judge Strikes Down Biden Administration's Asylum Policy

In a blow to President Biden’s efforts to reduce the number of migrants illegally crossing the Southern border, a federal judge in California has struck down a recent administration policy that put more stringent limitations on those seeking asylum in the United States.

The administration, which has been battered by Republicans practically from day one over its border policies, had actually come under fire from progressive Democrats for this policy, which they said is inhumane and which a judge said is unlawful.

At a House Judiciary Committee hearing Wednesday, Homeland Security Secretary Alejandro Mayorkas defended the rule, saying, in a broken immigration system, this is an attempt at improving the asylum process.

"To expand lawful pathways for individuals and at the same time deliver consequences for those who do not use those pathways," Mayorkas testified.

But Northern California District Judge Jon Tigar (whose father Michael Tigar represented Terry Nichols in the Oklahoma City bombing trials) said the rule, which requires migrants entering the country in between ports of entry to have first sought protection in another country, violates federal law, which allows anyone in the U.S. to apply for asylum regardless of their immigration status.

"There’s a lot of issues with the asylum policy that we knew we’re going to be challenged--the administration was overreaching," said Sen. James Lankford in an interview Wednesday.

Senator Lankford (R-OK) has been one of President Biden's fiercest critics on the issue of border security but does credit the administration for at least trying -- much later than he feels was needed -- to slow the influx of undocumented migrants. He said Congress now needs to act.

"I have had some conversations with members of the administration just in the last 24 hours," Lankford acknowledged, "to say, 'Help us work on legislation that is actually in statute to be able to stop what’s happening at the border.'"

What's happening at the border now is an improvement. Total migrant encounters -- at and between ports of entry -- were about 145,000 in June, the lowest monthly total in more than two years.

But Lankford points out that number is still historically very high.

"The numbers are still epic high," Lankford noted. "While people are saying they're down, they're still epic numbers now."

The judge said his ruling ending the policy will take effect in two weeks.

A spokesperson for the administration said they will appeal the ruling.