President Biden announced on Tuesday that he will be implementing a new, aggressive border policy to deport large numbers of migrants without processing their asylum claims, marking one of the most restrictive border policies by a Democratic president in recent history. The move will suspend the processing of asylum claims at the southern border between official entry points, allowing U.S. authorities to quickly reject and deport migrants who enter the country unlawfully. The partial ban on asylum claims will take effect almost immediately and will only be restored once the weekly average of daily illegal border crossings falls below 1,500.
The administration officials argued that the asylum system is overwhelmed with over 3 million pending applications, leading to incentives for migrants to come to the U.S. due to the lengthy decision-making process of their cases. President Biden’s immigration order will temporarily suspend the entry of most migrants at the southern border, with a regulation by the Departments of Justice and Homeland Security to implement this directive. Migrants who cross the border between legal entry points will be barred from asylum and immediately removed to Mexico or their home countries. Only migrants who express fear of persecution or torture will be screened for protection, not asylum.
The policy shift will not apply to unaccompanied children, those with medical conditions, or those fleeing imminent harm, as well as migrants who use legal pathways to enter the U.S. The administration cited a 1950s law known as 212(f) to justify the policy change, which allows the president to suspend the entry of foreigners if it is deemed detrimental to U.S. interests. The partial asylum ban will apply to extra-continental migrants, like those from China, with Mexico agreeing to take them back. This policy change is a major shift in both policy and politics, modeled after a bipartisan border security deal that failed in Congress due to Republican opposition.
President Biden’s drastic border pivot comes in response to political pressure from Republicans and some Democrats on immigration, one of his worst-polling issues. Record levels of migrant apprehensions along the U.S.-Mexico border, with over 2 million in each of the past two years, have also played a role in this decision. The administration aims to prevent the asylum system from being overwhelmed by those without legitimate claims. However, critics, including former Biden administration official Andrea Flores, argue that this move could set a dangerous precedent and give future presidents the pretext to suspend any immigration pathway to the United States. The administration is moving forward with the policy change despite criticism, with the measures set to take effect almost immediately.
