A federal judge has temporarily barred the Biden administration from implementing a border policy that the Department of Homeland Security had heavily relied on to quell illegal immigration.
Judge Jon Tigar of the U.S. District Court for the Northern District of California ruled on Tuesday against a policy that the Biden administration put forward this spring that restricted noncitizens from seeking asylum if they illegally crossed between ports of entry or failed to seek refuge in another country that they had traveled through.
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Tigar, who was nominated by former President Barack Obama in 2012, put the regulation on hold for 14 days, leaving time for the Biden administration to appeal.
This new rule was put in place ahead of the end of a public health pandemic policy in mid-May. The Biden administration and lawmakers in both parties had anticipated that the ending of Title 42 would prompt up to 18,000 illegal immigrant arrests per day once Border Patrol was no longer allowed to simply turn people back to Mexico.
The rule gave the DHS the ability to bar people from entry without having to place them in extensive court proceedings and release them into the United States.
The rule pulled from a Trump administration policy called the Safe Third County Agreement, which barred immigrants from requesting asylum in the U.S. if they had passed through another country and chose not to ask for asylum there first.
The American Civil Liberties Union and other immigrant rights groups sued the Biden administration over the rule.
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The Justice Department is expected to appeal the decision. Federal attorneys argued in court last week that the Biden administration had made available new ways for immigrants to legally seek admission.
The DHS and White House did not respond to requests for comment.