The Biden administration recently announced a new regulation aimed at expediting the identification and deportation of migrants who are ineligible for U.S. asylum early in the process. The Department of Homeland Security regulation targets migrants who request asylum after illegally crossing the U.S.-Mexico border, applying certain barriers to asylum during credible fear interviews. If migrants fail these interviews, they can be deported quickly. The rule is currently in the proposal stage and must undergo a public comment period before implementation.
The regulation is designed to target migrants who pose “significant threats” to public safety and national security, such as suspected terrorists. Officials plan to reject and deport migrants in these categories soon after they cross the border. Additionally, the DHS issued new guidance instructing asylum officers to disqualify migrants from asylum if they can relocate to safer areas of their home country. These measures are part of the Biden administration’s efforts to restrict access to the U.S. asylum system due to a recent spike in asylum applications, largely fueled by illegal crossings at the southern border.
President Biden is reportedly considering using his presidential authority under section 212(f) to implement broader restrictions on asylum. This authority allows presidents to suspend the entry of migrants deemed detrimental to U.S. interests. Former President Trump used this law to enact various immigration restrictions, including a travel ban on predominantly Muslim countries. While the new regulation may not impact a large number of migrants, it underscores a shift in policy by Mr. Biden, who initially pledged to “restore” the U.S. asylum system but has since introduced more restrictive rules due to the surge in migrant apprehensions and political backlash.
The proposed regulation is part of a series of actions taken by the Biden administration to address the influx of migrants at the southern border and streamline the asylum process. Despite the intention to preserve the integrity of the asylum system, the administration has faced challenges in managing the surge in asylum applications and addressing security concerns related to certain migrants. By implementing stricter rules and guidelines, the administration seeks to balance humanitarian concerns with national security interests.
The regulation is expected to impact migrants who are deemed ineligible for asylum under U.S. law, particularly those who pose potential threats to public safety or national security. By identifying and deporting these migrants early in the process, officials aim to maintain border security and prevent individuals who may pose risks from entering the country. With the proposal currently undergoing a public comment period, stakeholders and advocacy groups will have the opportunity to provide feedback on the regulation before it is finalized and implemented.
