Immigration Equality Lauds Federal Judge’s Decision to Block Biden’s Illegal Asylum Ban

New York, NY (July 28, 2023) — On Tuesday, a federal judge in the U.S. District Court for the Northern District of California blocked the Biden administration’s asylum ban, concluding the policy contravenes a person’s statutory right to request asylum in the U.S. regardless of where they cross the border. He delayed the decision for two weeks to give the federal government time to appeal.

In 2021, another federal judge in the U.S. Ninth Circuit Court of Appeals enjoined the Trump administration’s “death to asylum” rule following a legal challenge by Immigration Equality and partner organizations.

In response to the ruling, Immigration Equality’s Executive Director, Aaron C. Morris, issued the following statement:

“We welcome the decision, which upholds the rights and dignity of LGBTQ refugees—and all asylum seekers. For too long, the U.S. government has unlawfully denied individuals their statutory right to seek asylum in the U.S. This ruling is an important step toward accountability and the end of inhumane border policies.

“The judge rightly called out the similarity between the Biden administration’s asylum ban and the Trump administration’s ‘death to asylum’ rule. While President Biden’s ban may have a different label and updated packaging, it has the same effect on LGBTQ people—breaking America’s promise of safe haven to individuals fleeing violence and torture.

“Immigration Equality and our partners brought an ongoing lawsuit to fight Trump’s anti-asylum rule for the same reasons we call for an immediate end to Biden’s asylum ban: it is forcing LGBTQ refugees to remain in countries where they will be harmed or killed.

“While we commend the Biden administration for increasing certain migrant pathways to the U.S., those important new programs can never be a substitute for a functioning asylum system.”