Federal Judge Blocks Biden Administration Circumvention of Legal Pathways Final Rule

On July 25, 2023, a federal judge blocked the Biden’s administration new regulation titled “Circumvention of Legal Pathways.” The new regulation, which has been in place since May 11, 2023, sought to limit the number of people who are presumed eligible for asylum to those who either entered the U.S. with authorization from a DHS-approved process, used the CBP One application to schedule a time and place to present themselves at a port of entry, or applied for and were denied asylum in a third country through which they traveled on their way to the United States.

Federal U.S. District Judge Jon Tigar knocked down the rule stating it 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.” The Justice Department moved quickly to appeal the court’s ruling.

For the most current information on the state of the Final Rule and to learn more about how it could affect you or your loved ones, please contact our office to schedule a consultation.