Justice Department appeals federal judge's ruling striking down the Biden administration's asylum policy that established a 'rebuttable presumption' of asylum ineligibility.
Secretary of Homeland Security Alejandro Mayorkas said he disagreed with the court's ruling.. "Do not believe the lies of smugglers. Those who fail to use one of the many lawful pathways we have expanded will be presumed ineligible for asylum and, if they do not have a basis to remain, will be subject to prompt removal, a minimum five-year bar on admission, and potential criminal prosecution for unlawful reentry.
Immigrants, most from Venezuela, are escorted by Mexican immigration agents after being expelled from the United States on Jan. 9, 2023 in Ciudad Juarez, Mexico."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, who argued the case.
Just hours after Judge Jon Tigar's ruling on Tuesday blocking the administration's asylum restrictions, the Justice Department filed a motion to stay the order pending appeal and an emergency motion to shorten the time to grant that stay.
Tigar's Tuesday night ruling found the policy to be "contrary to law" and ordered the policy be ended in two weeks. "The severity of the agencies' errors in this case counsels strongly in favor of vacatur. The Rule is both substantively and procedurally invalid. The agencies cannot adopt the same rule on remand; as described above, the Rule is contrary to law," Tigar, an Obama appointee,
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