A federal judge has ruled against a major Biden administration immigration policy that significantly restricted access to asylum at the U.S.–Mexico border. The policy—often called the “transit ban”—required most asylum seekers to first seek protection in another country before applying for asylum in the U.S. unless they could secure an appointment via the CBP One app.
U.S. District Judge Jon Tigar, who previously ruled against similar Trump-era restrictions, struck down the rule, stating that it violated longstanding U.S. asylum law. He emphasized that asylum is a legal right under federal law and international treaty obligations and cannot be denied solely because someone failed to apply for asylum in a third country or didn’t use a specific app.
The judge’s ruling was praised by immigration advocates who argued the policy disproportionately harmed vulnerable migrants, especially those without access to technology or safe refuge in transit countries. Critics of the policy also pointed out that many migrants—especially women, children, and LGBTQ+ individuals—face significant dangers in places like Mexico or Guatemala.
While the ruling marks a significant win for asylum rights, the Biden administration is expected to appeal. The policy will likely remain in place during the appeals process.
Why This Matters:
This decision reinforces the importance of due process and access to asylum protections under U.S. law. As immigration attorneys, we urge individuals to stay informed, consult legal professionals, and avoid misinformation. Although this ruling is promising, the legal landscape around asylum is constantly evolving.
Credit: NPR, “Judge Rules Against Biden’s Asylum Ban,” July 2, 2025