The Biden administration is preparing to introduce a new regulation that would allow immigration officials to deport migrants who are ineligible for U.S. asylum earlier in the process. The regulation, set to be announced soon, would target migrants who request asylum after crossing the U.S.-Mexico border illegally. Government asylum officers would be instructed to apply certain barriers to asylum during credible fear interviews, the first step in the asylum process. Those who pass these interviews can seek asylum before an immigration judge, while those who fail can be deported expeditiously.
Migrants who are barred under U.S. law from seeking asylum include those who may pose a danger to public safety or national security. The new rule would permit officials to reject and deport migrants in these categories soon after they cross the border. This regulation is part of the Biden administration’s efforts to restrict access to the U.S. asylum system due to a recent spike in asylum applications, mostly driven by migrants crossing the southern border illegally. President Biden is also considering using a presidential authority known as 212(f) to enact a broader restriction on asylum ahead of the November election.
While the upcoming regulation will not impact large numbers of migrants, it reflects a policy shift by the Biden administration, which had initially promised to “restore” the U.S. asylum system. However, after facing record levels of migrant apprehensions along the southern border and political backlash, the administration has implemented more restrictive asylum rules. Last year, a regulation was published disqualifying migrants from asylum if they enter the U.S. illegally after failing to request protection in a third country like Mexico. The administration has also expanded legal channels for migrants to come to the U.S.
Illegal crossings along the southern border have decreased by over 40% this year, with approximately 129,000 crossings in April, the second consecutive monthly drop. U.S. officials attribute the drop in migration to increased deportations, efforts by Mexico to stop migrants from reaching the American border, and actions taken by Texas state officials, such as setting up razor wire along stretches of the border. The Biden administration’s restrictive asylum policies aim to address the influx of migrants while also implementing more legal and controlled channels for immigration to the U.S.
