The Biden administration announced a new regulation Thursday aimed at allowing immigration officials to more quickly identify and deport migrants who are ineligible for U.S. asylum earlier in the process.
The regulation by the Department of Homeland Security would apply to migrants who ask for asylum after crossing the U.S.-Mexico border illegally. CBS News reported the administration's plans earlier this week. At this point, as a proposed regulation, it must go through a public comment period before taking effect.
It would instruct government asylum officers to apply certain barriers to asylum that are already part of U.S. law during so-called credible fear interviews, the first step in the years-long asylum process. Those who pass these interviews are allowed to seek asylum before an immigration judge, while those who fail them can be deported expeditiously.
Migrants barred under U.S. law from asylum
Those who may pose a danger to public safety or national security are now barred from seeking asylum in the United States. This new rule grants officials the authority to reject and deport migrants falling into these categories immediately after they cross the border.
In addition, the Department of Homeland Security (DHS) has released new guidance to asylum officers. They are now instructed to disqualify migrants from asylum at an earlier stage of the immigration process if these individuals can safely relocate to other regions within their home country.
The Biden administration has been evaluating various measures to limit access to the U.S. asylum system due to a significant increase in asylum applications in recent years, primarily from migrants crossing the southern border unlawfully.
Furthermore, President Biden is contemplating the utilization of a broad presidential authority to impose additional restrictions on asylum before the upcoming November election. This authority, known as 212(f), permits presidents to halt the entry of migrants whose presence is deemed harmful to U.S. interests. Former President Donald Trump used this law to justify multiple immigration restrictions, including a travel ban targeting predominantly Muslim nations.
Although the newly implemented regulation may not impact a large number of migrants, it underscores a shift in policy by President Biden, who had previously pledged to "restore" the U.S. asylum system.
Administration Enacts More Restrictive Asylum Rules After Record Levels of Migrant Apprehensions
Following unprecedented levels of migrant apprehensions along the southern border, with over 2 million in each of the past two years, the Biden administration has implemented stricter asylum regulations in response to the political backlash.
