President Biden introduced a new executive action that allows U.S. immigration officials to deport migrants without processing their asylum claims, marking one of the most restrictive border policies by a Democratic president. The policy suspends asylum claim processing between official entry points along the southern border, enabling authorities to swiftly reject and deport migrants who enter the country unlawfully.
“If an individual chooses to come without permission and against the law, they’ll be restricted from receiving asylum and staying in the United States,” stated President Biden at the White House. The partial ban on asylum claims is set to take effect at 12:01 a.m. Wednesday, with regular processing only resuming after a significant decrease in the average daily illegal border crossings.
The policy shift aims to address the overwhelming backlog of over 3 million pending applications within the asylum system, which officials argue incentivizes migrants to enter the U.S. Biden’s proclamation temporarily suspends the entry of most migrants at the southern border, with the Departments of Justice and Homeland Security publishing regulations to implement the directive.
Migrants crossing the U.S.-Mexico border illegally during the policy implementation will be barred from asylum and immediately removed to Mexico or their home countries. Only individuals expressing fear of persecution or torture will be screened for lesser forms of protection, with heightened standards required to avoid rapid deportation.
Excluded from the asylum crackdown are unaccompanied children, those with medical conditions, individuals fleeing imminent harm, and migrants utilizing legal pathways to enter the U.S. President Biden’s order cites a 1950s law granting him the authority to suspend the entry of foreigners deemed detrimental to U.S. interests, a power also used by the Trump administration.
The American Civil Liberties Union plans to challenge the legality of Biden’s actions in court, emphasizing that a ban on asylum is illegal. Officials revealed that extra-continental migrants, such as those from China, would be affected by the partial ban, potentially facing challenges in repatriation due to certain countries refusing U.S. deportations.
President Biden’s policy reflects a response to the ongoing political pressure on immigration issues, with notable Republican opposition and public concerns guiding the decision-making. While not completely sealing the southern border, the proclamation aims to address the realities on the ground, including record levels of migrant apprehensions reported by American officials in recent years.