President Biden’s administration is planning to issue a regulation that will solidify the asylum restrictions put in place at the southern border earlier in the year, making it less likely for these rules to be lifted in the near future. These restrictions, which were implemented in June, involved suspending the entry of most migrants crossing the U.S.-Mexico border illegally and virtually shutting down the processing of asylum claims at official border entry points.
The administration is expected to announce changes to the regulation that would make it harder to end the partial asylum ban by adjusting the criteria for deactivation. The current rules stipulate that the restrictions would be lifted if the seven-day average of daily illegal border crossings falls below 1,500. The proposed changes would require the average to stay below 1,500 for 28 days and encompass all unaccompanied children in the deactivation calculations.
The planned updates are likely to maintain the strict asylum restrictions for the foreseeable future, including through the upcoming elections. While the Department of Homeland Security spokesperson did not comment on the upcoming changes, they highlighted the effectiveness of the measures in reducing border encounters. However, the ACLU attorney leading the legal challenge against the asylum restrictions criticized the administration for enforcing a rule that puts individuals in danger.
Illegal border crossings decreased significantly after the asylum restrictions were implemented, with numbers remaining relatively stable throughout August and September. Immigration has been a contentious issue for the Biden administration and Democrats, with record-level migrant encounters at the southern border causing political turmoil. Recent polls have shown increasing support for stricter immigration policies among Americans.
The asylum restrictions introduced in June represented a policy shift for the Biden administration, which originally aimed to expand access to the U.S. asylum system. The restrictions deem most migrants crossing the border illegally ineligible for asylum and eliminate the requirement for border agents to ask about migrants’ fears before deportation. The administration has defended its approach, suggesting that new legal pathways have been created for migrants to enter the U.S.
Criticism of the administration’s border policies has come from various quarters, with advocates arguing that the asylum crackdown violates the rights of asylum-seekers. On the other hand, Republican lawmakers have accused President Biden of delaying action to curb border crossings. The administration’s adoption of stricter asylum rules reflects a broader consensus among Democrats that changes are needed to make the asylum system more manageable and effective.
