United States of America President, Joe Biden, implemented a comprehensive asylum ban targeting migrants who illegally cross the U.S.-Mexico border.
This significant enforcement action comes ahead of the November elections that will determine the control of the White House.
The new measure stipulates that migrants apprehended crossing the border illegally may be swiftly deported or sent back to Mexico.
However, exceptions will be made for unaccompanied children, individuals facing serious medical or safety threats, and victims of trafficking, as stated by the U.S. Department of Homeland Security.
Biden, a Democrat, has adopted a firmer stance on border security as immigration becomes a pressing issue for Americans leading up to the November 5 elections.
He will face Republican Donald Trump, who prioritized a stringent immigration policy during his administration and promised a broad crackdown if re-elected.
Although Biden assumed office in 2021 with intentions to reverse many of Trump’s restrictive immigration measures, he has faced unprecedented levels of migrants crossing illegally, challenging U.S. border authorities and cities receiving the newcomers.
During a White House press conference explaining the new policy, Biden emphasized that asylum access would still be available for migrants who schedule an appointment using the CBP One app or utilize other legal avenues instead of crossing illegally.
“This action will help us gain control of our border and restore order into the process,” Biden said. “This ban will remain in place until the number of people trying to enter illegally is reduced to a level that our system can effectively manage.”
Despite introducing these new restrictions, Biden criticized some of Trump’s most contentious policies, including the separation of migrant families at the border and derogatory comments about immigrants.
“I will never demonize immigrants,” Biden affirmed.
Recent polls reveal that registered voters prefer Trump’s approach to immigration over Biden’s by a 17 percentage point margin, according to a Reuters/Ipsos poll conducted in mid-May.
The new asylum ban will activate when the daily average of border arrests exceeds 2,500 over a week. Currently, the figures are higher than this threshold, officials indicated during a press call on the condition of anonymity.
In April, U.S. border arrests averaged 4,300 per day, based on the latest available government data.
The ban will be paused if the average daily arrests drop below 1,500 for three consecutive weeks.
The last instance of such low crossing numbers was in July 2020 during the early months of the COVID-19 pandemic when global travel was significantly reduced.
Key operational details regarding the implementation of the measure remain unclear, including the rapid deportation of migrants from distant and non-cooperative countries, and the extent to which Mexico will accept non-Mexican migrants under this new enforcement regime.
The Biden administration’s new restrictions bear similarities to policies enacted by Trump and leverage a legal statute known as 212(f), which was also used to justify Trump’s travel bans on several majority-Muslim nations and other countries.
Criticism of Biden’s asylum ban emerged from both ends of the political spectrum. Lee Gelernt, an attorney for the American Civil Liberties Union, announced plans to challenge the new restrictions in court.
Immigrant advocacy groups have condemned Biden for adopting policies reminiscent of Trump and retreating from U.S. legal obligations to asylum seekers.
Meanwhile, Trump’s campaign criticized Biden for high levels of illegal immigration and argued that exempting unaccompanied minors would promote child trafficking.
Republicans also accused Biden of making politically motivated and inadequate moves.
Despite months of effort, Biden has been unable to pass a Senate bill designed to enhance border security, which Republicans rejected after Trump opposed it.
The Biden administration has introduced several measures over the past year to tighten the asylum process, including a regulation issued in May 2023 that raised the standard for initial asylum claims.
The number of migrants caught illegally crossing the U.S.-Mexico border has decreased recently, a trend U.S. officials partly attribute to increased enforcement by Mexico.
Claudia Sheinbaum’s recent election as Mexico’s first female president, set to take office on October 1, could face added pressure from Biden’s border restrictions to maintain low levels of illegal border crossings.
Biden expressed gratitude to current President Andres Manuel Lopez Obrador for his ongoing cooperation on immigration during a phone call on Tuesday. Lopez Obrador noted in his daily press conference that the two countries “have been making good progress” on the issue.
However, the Director of Migrant Affairs in Tijuana, Mexico, Enrique Lucero, warned that the new measures could overwhelm migrant shelters as more individuals remain in limbo or are returned.
He expressed concerns about the fate of these individuals, stating, “The question is where are all those people going to go? Many will end up on the streets or prey to traffickers.”
In San Diego, California, across the border from Tijuana, a 31-year-old Colombian man named John shared his experience of spending eight days and 20 million Colombian pesos ($5,200) to cross into the U.S. and seek asylum.
His immigration court hearing is scheduled for April 25. “It would have been very painful to have to start over, in debt,” John said. “People give up everything they have.”
