The Biden administration has replaced restrictions barring migrants from entering the US with new asylum rules aimed at deterring illegal crossings. The new rules will only allow those who arrive at the border using a lawful pathway to be eligible for asylum, while those who don’t use a lawful pathway will be deemed ineligible for asylum. The implementation of these rules is an effort to address a surge in illegal crossings at the southern border, with Customs and Border Protection holding up to 28,000 migrants in its facilities beyond capacity.
The Title 42 rule was implemented in 2020 by former President Donald Trump to override migrants’ normal rights, and the Biden administration later expanded it. The rule has faced criticism and lawsuits, with immigrant advocates arguing it is unfair and curtails availability for asylum in the US.
To address the issue, the Biden administration has introduced new policies to promote asylum through legal means and contain COVID-19. Under the new regulation, expected to be legally challenged, migrants will be presumed ineligible for asylum if they passed through another country en route to the US without seeking protection or if they did not use legal pathways to the country.
Homeland Security Secretary, Alejandro Mayorkas, has defended the new policy, saying it aims to encourage migrants to enter using legal pathways rather than crossing illegally. However, advocates have criticised the regulation, filing legal challenges to the new asylum bars as the policy resembles restrictions issued by former President Donald Trump.
After midnight on May 11, when Title 42 and its accompanying COVID-19 border restrictions were lifted, chaotic scenes unfolded with migrants scrambling to enter the country before the new asylum rules went into effect. While the rules prevented many from seeking asylum, it carried no legal consequences, encouraging repeat attempts. Under the new regulation, migrants face being barred from entering the US for five years and possible criminal prosecution if they try to cross the border illegally.
Furthermore, families crossing the border will be subject to curfews, while a head of the family will be compelled to wear an ankle bracelet to enable tracing and monitoring of the entire family unit. While border patrol spaces are built to house immigrants temporarily, they may not have the ability to contain the current large volume of migrants.
Lastly, the US government announced it will rely significantly on the fast-tracked “expedited removal” process to assess migrants’ claims for relief and deport those who don’t qualify within days or weeks. Families will also be subject to GPS monitoring while their cases are decided.
The new policies signal efforts by the Biden administration to reduce illegal crossings and promote asylum via legal means. However, such efforts may increase backlog in immigration courts, lead to legal challenges by advocacy groups, and leave some migrants seeking alternative routes to the United States.
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