Biden Administration Considers Toughening Asylum Crackdown Exit Policy

The Biden administration is currently considering amendments to the stringent asylum restrictions it put in place in June. According to two Department of Homeland Security (DHS) officials, plans are being drafted to modify the criteria for deactivating these border measures.

The restrictions, enacted following a proclamation from President Biden in early June, have essentially closed off access to the U.S. asylum system for migrants who cross the U.S.-Mexico border illegally. Government officials have credited this crackdown for a significant decrease in unauthorized border crossings, reaching a four-year low.

The existing partial asylum ban includes a system to deactivate the policy if the average daily illegal crossings drop below 1,500 over a seven-day period. The proposed changes would extend this requirement, stating that the average must remain under 1,500 for 28 consecutive days before the asylum restrictions can be lifted, according to the officials who spoke on the condition of anonymity.

Furthermore, the changes aim to broaden the scope of the metrics used to determine the deactivation threshold. Currently, the figures do not take into account crossings of unaccompanied migrant children who are not from Mexico. The revised calculations would include all unaccompanied children entering the U.S.

If these adjustments are approved, they will be implemented through regulations issued by the DHS and the Justice Department. Recently, the departments issued an interim regulation in line with Biden’s initial decree, and they are now working on a more permanent rule as part of the standard regulatory process.

Luis Miranda, a spokesperson for DHS, commented that officials are still evaluating the feedback received on the Interim Final Rule published on June 7, 2024, but stated that they cannot discuss content related to rules that have not yet been finalized.

President Biden’s proclamation has marked a significant shift in U.S. border policy. In previous years, many migrants were allowed to remain in the U.S. while awaiting court dates, a practice officials believe served as a “pull” factor for migration due to a lack of enough personnel and resources for immediate detention and screening of asylum applicants.

Since the adoption of the new asylum rules, fewer migrants have been released into the U.S. and the application process for asylum in immigration court has tightened. Additionally, a higher percentage of those crossing the border illegally now face expedited deportation either to Mexico or back to their home countries.

Following the rollout of the new rules, unauthorized border crossings saw a noticeable drop. For example, in July, illegal entries fell to 56,400, the lowest level since September 2020, almost at the deactivation threshold defined by Biden’s proclamation. Although there was a slight uptick to 58,000 crossings in August, the numbers remained at a four-year low.

Biden’s order is a stark contrast to the more humanitarian immigration approach he initially promised when taking office, as well as a rejection of the restrictive asylum policies of the previous administration. After facing three years of record-high migrant interceptions at the southern border and significant political backlash, the Biden administration has, however, adopted broad asylum limits.

In 2023, the administration introduced a new rule which effectively assumes that most non-Mexican migrants are ineligible for asylum if they passed through at least one other country before reaching the U.S. This June order utilizes similar legal grounds that were employed by Donald Trump to impose a comparable asylum ban. The American Civil Liberties Union has raised challenges against both regulations.

In contrast to his predecessor, Biden has combined these asylum restrictions with programs that facilitate the legal entry of tens of thousands of migrants into the U.S. every month. For instance, one policy allocates 1,500 appointments daily to migrants waiting in Mexico, allowing them to be processed at recognized entry points. Another program permits up to 30,000 migrants from Cuba, Haiti, Nicaragua, and Venezuela to travel to the U.S. each month if they have financial sponsors in America.

Currently, Vice President Kamala Harris, who is the Democratic nominee for the presidency, has yet to release an immigration strategy. Nonetheless, her campaign manager has indicated that she would likely maintain Biden’s asylum restrictions if elected. In contrast, Trump’s campaign has proposed reinstating strict asylum policies, intensifying security at the southern border, and initiating a massive deportation effort.