President Biden is implementing an executive action that will allow U.S. immigration officials to deport migrants without processing their asylum claims, marking a significant change in border policy. This move will suspend the processing of asylum claims along the southern border between official entry points, enabling authorities to quickly reject and deport migrants who enter the country unlawfully. The ban on asylum claims will be in effect immediately and will only be lifted once the average daily border crossings fall below a certain threshold.
The new policy aims to address the strain on the asylum system, which currently has over 3 million pending applications. Biden administration officials argue that the lengthy process of deciding asylum cases incentivizes migrants to come to the U.S. The measures signed by President Biden will suspend the entry of most migrants at the southern border and allow for immediate deportation of those who cross the border illegally. Migrants expressing fear of persecution or torture will be screened for lesser forms of protection but will not be eligible for asylum.
The policy shift is based on a 1950s law that allows the president to suspend the entry of foreigners if it is deemed detrimental to U.S. interests. The American Civil Liberties Union has announced plans to challenge Biden’s actions in court, arguing that a ban on asylum is illegal. The policy will not apply to unaccompanied children, those with medical conditions, or migrants using legal pathways to enter the U.S. The administration will continue processing migrants at ports of entry through the CBP One process.
President Biden’s border policy is a significant departure from previous Democratic administrations and is modeled after a failed bipartisan border security deal. Despite the sweeping nature of the announcement, the southern border will remain open for asylum processing and legal trade and travel at official points of entry. The policy shift is a response to political pressure on immigration issues and the record levels of migrant apprehensions at the U.S.-Mexico border. Administration officials believe the new policy will strengthen the asylum system and prevent it from being overwhelmed by illegitimate claims.
Some critics have raised concerns about the precedent set by President Biden’s actions, suggesting that future presidents may use similar tactics to suspend immigration pathways. The administration’s decision to implement this policy reflects the ongoing challenges at the U.S.-Mexico border and the need to address the issues faced by the asylum system. Overall, President Biden’s executive action marks a significant change in U.S. immigration policy that aims to address the current challenges at the southern border.