US News

US-Mexico border chaos could break out after judge blocks Biden asylum policies

Chaos could break out at the southern border as a federal judge has blocked two key Biden Administration policies for asylum-seekers — leaving the door open for waves of migrants to show up at the border claiming asylum.

A federal judge in California struck down two Biden policies: required use of the CBP One App to make an appointment to enter the country legally and seek asylum as well as a rule saying asylum-seekers must apply for protection in other countries they travel through before they seek refuge in the US.

Both policies have been championed by the White House as the reason the number of illegal crossings at the border have plummeted since May — when both became requirements.

“The Rule — which has been in effect for two months — cannot remain in place,” US District Judge John Tigar of Northern California wrote, ruling in favor of migrant advocates.

Those requirements would be nullified after two weeks unless the White House appeals the decision, which the federal government said it planned to do “quickly” in a statement from the Department of Homeland Security, the agency in charge of border security.

“Today’s ruling does not change anything immediately.  It does not limit our ability to deliver consequences for unlawful entry,” said the statement from DHS.

The agency also said it planned to ask the court for an injunction to keep using the app and third country rule.

If the two measures are stuck down, it will mean anyone seeking asylum only has to set foot on US soil in order to be eligible to make a claim.

Those two requirements were the main thing keeping 104,000 migrants in northern Mexico, according to a Post investigation.

The online appointments secured through the federal app often took weeks or months to get — turning Mexican border cities into waiting rooms.

A federal judge blocked a rule that allows  immigration authorities to deny asylum to migrants who arrive at the border without applying online.
A federal judge blocked a rule that allows immigration authorities to deny asylum to migrants who arrive at the border without applying online. Photo by GUILLERMO ARIAS/AFP via Getty Images

City officials in Tijuana, Mexico, just south of San Diego, estimated 17,000 asylum-seekers were staying in shelters, private homes and hotels until their were able to obtain a CBP One appointment.

Another 8,000 migrants are waiting in Matamoros, Mexico, on the other side of the border from Brownsville, Texas.

The judge’s ruling could cause a surge of migrants in US border towns like El Paso, Texas, in two weeks, said former mayor Dee Margo.

“There could be; it just depends on how many migrants CBP is releasing at one time,” Margo told the Post in an interview Tuesday.

The Republican former mayor called efforts to control border crossings, like the CBP One app, stop-gap measures when the real solution needs to come from Congress.

“We need a rational immigration policy,” he said. “Nothing’s been done for 37 years.”

Any asylum seekers allowed entry into the US would have legal status to be in the country and travel until their asylum case is decided in court — which could take years.