The court could have construed this balanced, essentially pro-immigration plan as a set of lawful conditions on the right of asylum, rather than, as Judge Tigar did, equate it with a much stingier Trump administration program he had also blocked…

All judges should pay close attention to an affidavit submitted to the court by Blas Nuñez-Neto, assistant secretary of homeland security for border and immigration policy, describing the real-world alternatives to the new rule: Customs and Border Patrol “facilities will be overcrowded once again, placing the noncitizens in our custody and the front-line personnel who care for them at risk.” Border communities “will once again receive large scale releases of noncitizens that will overwhelm their ability to coordinate safe temporary shelter and quick onward transportation.” And interior cities such as New York “will, once again, see their systems strained.” Such an outcome is in no one’s interest; the Biden administration is right to keep trying to prevent it.

[Not really mentioned in this brief editorial is the fact, which I’m sure occurred to the Post’s Editorial Board, that failing to control the chaos on the border will not only create practical problems for the country but political ones for Joe Biden. I suspect that’s what is motivating the editorial – John]