President Biden’s administration is preparing a new rule for asylum seekers.
FILE - Migrants wait to be processed after crossing the border on Jan. 6, 2023, near Yuma, Ariz. The Biden administration says it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through. That mirrors an attempt by the Trump administration that never took effect because it was blocked in court.
Critics say this is essentially reproducing some of the worst policies of former President Donald Trump, who tried numerous ways to limit migration. Melissa Crow, a lawyer with the Center for Gender & Refugee Studies, called the proposal a “mashup” of two things Trump tried: barring people from entering the country between ports of entry and making migrants ineligible for asylum if they passed through another country before getting to the U.S. and didn't apply for protection there.
The administration says once Title 42 goes away, daily encounters between border officials and migrants attempting to enter the U.S. on the southern border could rise as high as 13,000. They compare that with the less than 1,600 daily encounters seen from 2014 to 2019. Without this rule, they say immigration would “increase significantly, to a level that risks undermining the ... continued ability to safely, effectively and humanely enforce and administer U.S. immigration law.
The administration has described its strategy as a carrot and stick approach but critics say it's not enough carrot. Krish O'Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, said they applaud the expanded pathways for those four countries announced in January but question where that leaves migrants from other countries.
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