Judge Blocks Biden Administration Border Policy Limiting Access To Illegal Immigrants Seeking Asylum

A Biden administration rule limiting immigrants other than Mexican nationals from seeking asylum in the United States was blocked Tuesday by a federal judge.

U.S. District Judge Jon S. Tigar ruled against the Biden administration order, which mirrors the Trump-era “transit ban” policy requiring migrants entering through the southern border to apply online first for protection in other countries they traveled through.

Tigar, a federal judge in California appointed by former President Obama, wrote in his 35-page decision that the rule violates a federal law allowing anyone to claim asylum while in the United States.

“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,” Tigar wrote.

Tigar added that Biden’s rule also contradicts federal 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.”

Millions of illegal immigrants have entered the U.S. under the Biden administration, forcing the president to change tactics in dealing with the influx at the southern border.

According to U.S. Customs and Border Protection data, more than 1.7 million migrant encounters occurred in fiscal 2021. Last year, border agents reported another 2.3 million crossings at the U.S.-Mexico border.

After the Biden administration ended Title 42, a Trump-era public health order that allowed for the immediate expulsion of illegal immigrants due to the pandemic, border agents encountered another nearly 145,000 migrants in June — a sharp decrease from the nearly 208,000 from June 2022.

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But just before Biden ended the public health order, the president sparked criticism from immigrant activists and legal challenges from civil rights groups for creating a newer version of Trump’s policy that limited access for third-country immigrants seeking asylum.

The groups who sued the Biden administration include the American Civil Liberties Union, ACLU of Northern California, the Center for Gender & Refugee Studies, and the National Immigrant Justice Center.

American Civil Liberties Union attorney Katrina Eiland, who argued the case, applauded the judge’s decision.

“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,” Eiland told The Associated Press. “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.”

Judge Tigar delayed his ruling from taking effect immediately to give the Biden administration enough time to file an expected appeal.

Rapid Reaction: Both Biden And His Pup Are In The Dog House

Come for Morning Wire’s Afternoon Update’s straight news, but stay for the Rapid Reactions. The following five stories, and more, can be heard on today’s Morning Wire Afternoon Update podcast. Click here to listen

1. House Speaker Raises Prospect Of Impeachment Inquiry

House Speaker Kevin McCarthy (R-CA) doubled down on his claims on Tuesday that the Republican-controlled chamber is moving closer toward an impeachment inquiry against President Joe Biden. The Speaker says the inquiry would surround allegations that he accepted millions of dollars in bribes from foreign countries.

🚨JUST IN: Speaker Kevin McCarthy doubles down on his calls for Congress to begin an impeachment inquiry of Joe Biden:

"It's giving Congress the full power to get the information they need. It's the way people should go about investigating." pic.twitter.com/Shsn7iBOgE

— Charlie Kirk (@charliekirk11) July 25, 2023

McCarthy’s remarks come after Sen. Chuck Grassley (R-IA) released an FBI-generated form last week in which a confidential source told the FBI that Burisma co-founder and CEO Mykola Zlochevsky claimed that he was “coerced” by the Bidens into paying millions of dollars in bribes. In exchange, the then-vice president pressured Ukraine to fire a prosecutor who was investigating Burisma.

Rapid Reaction: Putting together as strong a case as possible is a wise plan, but at this point, what else does Congress need to begin impeachment proceedings? As The Babylon Bee satirically said, “McCarthy Says 783rd Impeachable Offense By Biden Will Be The Last Straw.”

Americans, and more specifically the GOP base, are getting tired of an apparent “All Talk, No Action” attitude. However, in this instance, McCarthy and the House Oversight Chairman deserve credit for pursuing this matter.

Yet as The Heritage Foundation’s Mike Howell said, “The goal here is the de-weaponization of government, not just exposure, and Congress’ efforts will be judged by that standard.” It’s a good standard.

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2. Major Democratic Donor Bought Hunter’s Artwork

The art gallery where Hunter Biden’s paintings are featured sold one of his works to a top Democratic donor who is a “friend” of the Biden family and was, according to a new report, named by President Biden to a prestigious commission.

L.A. real estate investor Elizabeth Hirsh Naftali, who has given tens of thousands of dollars to the political Left, is one of the buyers of Hunter Biden’s artwork. Several months after Hunter’s art went on sale, the president appointed Naftali to the Commission for the Preservation of America’s Heritage Abroad. In addition, according to The Washington Free Beacon, she has visited the White House 13 times, including a meeting with a top White House adviser. The date of her purchase is unclear, though the appointment and all of her White House visits took place after Hunter’s first art show. The White House has maintained that there is a wall between Hunter’s art sales and his father.

Rapid Reaction: The American people aren’t dumb, but the White House is arrogant. Everybody could see that the White House’s “wall” between Hunter and his dad was bogus. It’s almost comical that anybody would ever expect Hunter to not benefit primarily from Democratic donors or others trying to curry favor with the president.

Total speculation, but isn’t the following scenario conceivable: A Democratic donor, or a Chinese official for that matter, pays big bucks for a Hunter original. The buyer’s name is kept a secret. That buyer hangs it up in their McClean, Virginia, dining room. They then have a dinner party that the hoi polloi like you and I would never get invited to. Swamp creatures see Hunter’s artwork hanging on the wall, and voila, word gets back to Biden and his dad the identity of the individual who shelled out thousands to his son, and the buyer is then rewarded with certain benefits.

And that would be the complicated version of how the grift works.

3. Biden’s Dog Goes On Chomping Spree — Again!

President Biden’s German Shepherd “Commander” bit seven people in four months from September 2022 to January 2023. According to the New York Post, one secret service agent was even hospitalized due to the attacks. The president’s previous dog “Major” was also sent away because he, too, kept biting people.

Rapid Reaction: Bad dog or bad owners? Read more here.

4. India Bans Rice Exports, Panic In The U.S. Ensues

The country of India banned the export of non-basmati rice last Thursday, triggering a panic around the U.S. as shoppers rushed out to buy rice. American Indian-owned grocery stores and markets experienced much of the increased demand, and in turn, prices for 20-pound bags of rice skyrocketed from $16 to nearly $50, with lines around the block. India invoked the ban as an attempt to slow down runaway food inflation.

Rapid Reaction: India’s leaders are putting India First; it would be nice to have a president who wants to put America First.

5. NFL Player Suspended For Gambling

A defensive end for the Denver Broncos has been suspended indefinitely for breaking NFL rules regarding gambling. The league announced Monday that Eyioma Uwazurike bet on NFL games during the 2022 season. Uwazurike played in eight games last season and was expected to push for more playing time this season.

Rapid Reaction: So long as he was betting on his teams to win, is this really so unethical?

To listen to the audio version of Afternoon Update, click here. And for more in-depth discussion of the biggest stories of the day, listen to the latest full episode of Morning Wire every morning.

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