A federal judge shot down the Biden administration's request to stop the court from rescinding a policy that prevented noncitizens from seeking asylum if they crossed the southern border between the ports of entry under certain circumstances.

Judge Jon Tigar of the U.S. District Court for the Northern District of California issued an order on Tuesday against the Justice Department's attempt to stop his pause on the Circumvention of Lawful Pathways rule, which was implemented by the Department of Homeland Security.

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Tigar ruled on July 25 that President Joe Biden's rule was illegal but paused enforcement of the order for two weeks. Tuesday's decision means the ban on the asylum policy will go into effect on Aug. 8 unless a higher court intervenes.

"The Court held that the Rule violates the Administrative Procedure Act because it is contrary to law, is arbitrary and capricious, and was promulgated without adequate opportunity for public comment," Tigar, an Obama appointee, wrote in his decision. "Upon Defendants' unopposed request, the Court stayed its order for fourteen days. Defendants now seek to stay the Court's order pending appeal. Because Defendants have not met their burden to demonstrate that such a stay is warranted, the Court will deny the motion."

Tigar standing firm against the border policy could undercut the DHS, which has relied heavily on the rule to deter immigrants from illegally coming over the U.S.-Mexico border and give the U.S. government a quick way to respond to illegal crossings without tying immigrants up in yearslong court proceedings.

The Oakland-based judge ordered a pause last week on the rule for how it violated a 1980 U.S. asylum law that states any person who reaches U.S. soil may request asylum.

The rule was first put in place ahead of the end of a public health pandemic policy in mid-May. The Biden administration and lawmakers in both parties had anticipated the end of the Title 42 policy would prompt up to 18,000 illegal immigrant arrests per day once Border Patrol was no longer allowed to turn people back to Mexico simply.

The rule gave the DHS the ability to bar people from entry without having to place them in extensive court proceedings and release them into the United States.

The rule pulled from a Trump administration policy called the Safe Third Country Agreement, which barred immigrants from requesting asylum in the U.S. if they had passed through another country and chose not to ask for asylum there first.

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Federal attorneys argued in court last week that the Biden administration had made available new ways for immigrants to seek admission legally and that people who crossed illegally were choosing to circumvent those processes.

The American Civil Liberties Union and other immigrant rights groups sued the Biden administration over the rule.