A federal judge on Tuesday blocked a new Biden administration rule that limited access to asylum, issuing a decision that will take effect in two weeks.

The ruling from a federal judge in California is a major loss for the Biden administration, which imposed new restrictions on asylum seekers, including that they must first seek the protections if offered in another country along their route to the U.S. 

The rule, finalized in May, also limits the ability to seek asylum between ports of entry. 

In blocking the rule, U.S. District Court Judge Jon Tigar repeatedly referenced U.S. asylum law, writing that the new policy undermines the clear intent of Congress in establishing a safe haven for those fleeing persecution and danger.

“Requiring noncitizens to present at ports of entry ‘effectively [constitutes] a categorical ban on migrants who use a method of entry explicitly authorized by Congress,” Tigar wrote in the ruling.

“Conditioning asylum eligibility on presenting at a port of entry or having been denied protection in transit conflicts with the unambiguous intent of Congress,” he added later.

The suit stems from a challenge led by the American Civil Liberties Union (ACLU), though the policy also generated lawsuits from GOP-led states.

“The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger,” Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case, said in a statement. 

“The promise of America is to serve as a beacon of freedom and hope, and the administration can and should do better to fulfill this promise, rather than perpetuate cruel and ineffective policies that betray it.”

The Department of Homeland Security, which promulgated the rule, did not immediately respond to request for comment.

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