Biden Administration Asylum Restrictions Terminated

On May 9, 2025, a D.C. federal judge terminated Biden administration asylum restrictions that requires noncitizens to make an appointment through the CBP One mobile app at a port of entry. The judge explained the asylum restrictions were a blatant violation of the Immigration and Nationality Act. The terminated asylum restrictions have not been valid since the Trump administration shut down the CBP One mobile app.

The termination of the CBP One app prompted the Department of Homeland Security (DHS) to cancel all existing CBP One appointments, therefore rendering the restrictions invalid. The judge also argued the restriction policy established a ‘credible fear’ of removal that was arbitrary and blatantly conflicted with the Immigration and Nationality Act.

Under these restrictions, noncitizens seeking asylum were required to stay in Mexico until they could gain an appointment through the mobile app. At these appointments, asylum seekers had to establish a ‘credible fear’ of harm or danger. The federal judge argued the decision made by U.S. Customs and Border Protection (CBP) officials were arbitrarily made and did not consistently establish credible fear.

The judge also claimed the asylum restriction’s parameters directly conflicted with Section 1158(a)(1) of the Immigration and Nationality Act. The statute states any noncitizen physically present in the U.S., regardless of whether they arrived at a designated port of entry, can apply for asylum. While the DHS and Department of Justice are allowed to establish restrictions outside U.S. ports of entry, they must comply with Section 1158. The judge similarly vacated the DHS’ rule allowing for a four-hour minimum consultation window, arguing that the agency didn’t give any consideration to the practical availability of consultations within such a small window.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.