Biden Administration Considers Stricter Criteria for Ending
Asylum Crackdown
The Biden administration is considering revisions that would
make ending the stringent asylum restrictions implemented in June more
difficult. These changes would modify the criteria used to deactivate the
current border measures, reflecting a significant shift in U.S. immigration
policy under a Democratic president.
President Biden’s June proclamation effectively shut down
access to the U.S. asylum system for migrants crossing the U.S.-Mexico border
illegally. The administration credits this policy - the most restrictive asylum
measure by a Democratic president - with reducing unauthorized border crossings
to a four-year low.
Currently, the asylum ban includes a trigger that would
deactivate the policy if the seven-day average of daily illegal crossings falls
below 1,500. The proposed changes would require this average to remain below
1,500 for 28 consecutive days before the policy could be lifted. Additionally,
the new criteria would include all unaccompanied children in the calculation,
unlike the current practice which excludes children from countries other than
Mexico.
If approved, these changes would be implemented by the
Department of Homeland Security (DHS) and the Justice Department through new
regulations. DHS spokesperson Luis Miranda stated that officials are still
reviewing public comments on the Interim Final Rule issued in June and cannot
comment on the specifics of the final rule.
This shift in border policy marks a departure from Biden’s
earlier pledges to create a more humane immigration system. Faced with record
levels of migrant interdictions and political pressure, the administration has
adopted broad asylum restrictions similar to those enacted during the Trump
era. However, unlike former President Trump, Biden has paired these restrictions
with programs that offer legal entry for tens of thousands of migrants each
month.
In July, illegal border entries dropped to their lowest
point since September 2020, and although they slightly increased in August,
they remained at a four-year low. The Biden administration’s asylum policy,
while controversial, appears to be significantly impacting migration patterns
at the U.S.-Mexico border.
