Federal Court Blocks Administration’s Asylum Transit Ban

July 25, 2023

Washington, DC – Kids in Need of Defense (KIND) praised today’s federal court ruling that blocks the Biden Administration’s new asylum rule that effectively bans potential refugees from seeking asylum in the United States if they did not apply for protection in a third country through which they traveled, noting the decision will restore vital protections for children and families seeking safety. In response to the ruling, KIND President Wendy Young issued the following statement: 

“Today’s federal ruling makes clear that the asylum transit ban is bad public policy. We urge the Biden Administration to view this decision as an opportunity to do better, rather than implementing approaches that we know place children and families in danger. The asylum transit ban jeopardizes the protection system for asylum seekers, including children and families who are fleeing for their lives. It’s inconsistent with U.S. and international law, and it puts children at risk of separation from their families. This ruling offers an opportunity for leaders to pivot away from this deeply flawed approach and emphasize solutions that genuinely protect the most vulnerable among us from violence, abuse, trafficking, and exploitation, among many other harms.” 

The Administration’s recent efforts to expand legal pathways, including access to in-country processing for refugee resettlement, a new family reunification parole process for certain countries, and other pathways can improve access to protection for the most vulnerable, including children and families. Importantly, these efforts must come in addition to, and never at the exclusion of, fair access to protection and humane treatment of all who arrive to the U.S.’ borders. 

Read KIND’s Fact Sheet “The Impact of the Asylum Ban on Children Seeking Safety in the United States 




Media Contact: Megan McKenna, mmckenna@supportkind.org, 202-631-9990