The Biden administration is planning to announce a new regulation that would allow immigration officials to deport migrants who are ineligible for U.S. asylum earlier in the process. This regulation would apply to migrants who ask for asylum after crossing the U.S.-Mexico border illegally. It would instruct government asylum officers to apply certain barriers to asylum during credible fear interviews to determine eligibility for asylum. Migrants who are deemed ineligible for asylum under U.S. law, such as those who may pose a danger to public safety or national security, would be subject to expedited deportation.
The regulation is one of several actions the Biden administration is considering to restrict access to the U.S. asylum system due to a spike in applications in recent years, mostly driven by migrants crossing the southern border illegally. President Biden is also considering utilizing a presidential authority known as 212(f) to enact a broader restriction on asylum ahead of the November election. This authority allows presidents to suspend the entry of migrants deemed detrimental to U.S. interests, similar to how former President Trump used it to justify immigration restrictions, including a travel ban on predominantly Muslim countries.
While the upcoming regulation may not impact a large number of migrants, it represents a policy shift by President Biden, who had promised to “restore” the U.S. asylum system earlier in his presidency. However, record levels of migrant apprehensions along the southern border in recent years, along with political backlash, have led to more restrictive asylum rules being enacted by the Biden administration. Last year, the administration published…
Representatives for the Department of Homeland Security and the White House have not yet commented on the new regulation, which is expected to be announced as early as Thursday. The regulation is aimed at streamlining the asylum process and ensuring that only those who qualify for asylum under U.S. law are allowed to remain in the country. By deporting ineligible migrants earlier in the process, the administration hopes to address the backlog of asylum cases and deter migrants from attempting to enter the U.S. illegally.
President Biden’s consideration of invoking the 212(f) authority underscores the administration’s efforts to tighten asylum restrictions in response to the surge in illegal border crossings. While the administration has faced criticism for its handling of the border crisis, officials maintain that the goal is to ensure the integrity of the asylum system and protect national security interests. The administration’s approach to immigration policy continues to evolve as it grapples with the complex challenges of managing migration flows while upholding U.S. laws and values.
