The United States could bar tens of thousands of migrants arriving at the US-Mexico border from seeking asylum under a proposal unveiled on Tuesday. The upcoming measures will be the Joe Biden administration’s biggest attempt to stem the flow of people crossing the US border illegally.
Under the new rules, migrants who do not use existing legal pathways to enter the United States or who do not seek protection in the countries they pass through on their way to the United States are automatically deemed ineligible to apply. asylum, unless they benefit from certain exceptions.
Reuters first released details of the proposal, which was released on Tuesday and is subject to a 30-day public comment period before being considered for final publication.
Biden initially pledged to restore access to asylum, which was restricted under his predecessor, Donald Trump. But migrant rights advocates and some fellow Democrats have criticized him for increasingly sticking to Trump-style restrictions as his administration struggles to cope with record numbers of incoming migrants.
Biden’s plan to bar certain categories of migrants from seeking asylum mirrors similar steps taken by the Trump administration and subsequently blocked in federal courts.
The American Civil Liberties Union (ACLU) has pledged to fight the Biden administration’s proposal in court, likening it to a Trump-imposed restriction that activists call a “transit ban.”
“We successfully challenged Trump’s transit ban in court and will pursue legal action again if the Biden administration follows through with its plan,” said Lee Gelernt, a spokesperson for the ACLU.
The restrictions will primarily target families and single adults, while unaccompanied minors will be exempt from the new requirements under rule text issued by the Department of Homeland Security and the Department of Justice. This measure will be temporary and limited in time to a period of two years.
The Biden administration began discussing the ban and other Trump-style measures last year as a way to reduce illegal border crossings if COVID-19-era restrictions were lifted to allow many migrants from being returned to Mexico. The administration continues to tighten asylum rules as the restrictions, known as Section 42, are set to end on May 11, when the public health emergency associated with the COVID-19 pandemic ends.
“Without meaningful policy changes, the number of border crossings could … potentially increase sharply” after the repeal of Section 42, the text of the rule reads. The government estimates the number of border crossings could reach 13,000 a day without Article 42 restrictions, up from around 5,000 a day in January.
A Biden administration official, who spoke on condition of anonymity, told reporters in a phone call Tuesday that the rule “aims to fill the void that Congress has left by doing nothing” to meaningful immigration reform.
