President Biden’s decision to partially suspend asylum processing at the southern border has had a significant impact on the number of migrants being released into the U.S. interior or screened for humanitarian protection. Government statistics show that in July, the number of migrants illegally crossing the southern border between official entry points dropped to 56,400, the lowest level in nearly 4 years due to a combination of factors, including the effects of rising summer temperatures and a crack down on migrants by Mexican officials. The restrictions implemented by Mr. Biden have led to a decrease in the number of migrants being released by Border Patrol, down from 192,000 in December 2023 to 12,000 in July 2024, with a significant increase in migrants being placed in “expedited removal” proceedings.
The decrease in releases has coincided with a jump in the percentage of migrants placed in expedited removal proceedings, allowing officials to quickly deport recent border crossers who do not claim asylum or fail asylum interviews. Since Mr. Biden’s order took effect, more than 100,000 migrants have been deported or returned to Mexico or their home countries, according to Department of Homeland Security data. Changes in asylum procedures have limited access to asylum, as fewer migrants are being screened by U.S. asylum officers due to a rule that instructs immigration officials to stop asking migrants if they fear being harmed before deporting them. As a result, a significantly lower percentage of migrants processed under expedited removal expressed fear of persecution compared to before Mr. Biden’s order.
While some exemptions exist under Mr. Biden’s asylum order, such as for unaccompanied children or migrants who have an appointment at an official port of entry, there are concerns about the potential impact if the order is lifted. The Biden administration’s policy stipulates that the asylum crackdown would stop if daily illegal crossings dip to 1,500, but border crossings appeared to have plateaued in August. The administration is also facing legal challenges to the policy, with the ACLU and other immigrant rights groups arguing that the rule violates U.S. asylum law. There are warnings that blocking the asylum crackdown could lead to a significant increase in daily illegal border crossings.
Migrant rights advocates have criticized Mr. Biden’s policy, highlighting cases of asylum-seekers being deported without a chance to plead their cases. The director of research at Human Rights First documented instances of migrants being deported without access to due process or the required fear screening. While the administration credits the policy for the decrease in migrant crossings, critics argue that the consequences have been dire for migrants. In the face of legal challenges and potential implications for border crossings, the future of President Biden’s asylum crackdown remains uncertain.
