Biden Admin Proposes Immigration Restriction That Resembles A Trump-Era Policy

The Biden administration proposed new restrictions on asylum seekers, very similar to a Trump administration policy.

Officials from the Biden Administration said that the new rule would prohibit migrants who don’t use legal pathways to asylum or do not seek asylum in a country other than the United States from applying for asylum. This rule is in response to Title 42’s immigration restrictions. The rule is very similar to a Trump administration policy that also banned asylum seekers from seeking asylum in another country.

“The proposed rule would encourage migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain,” In a letter, the Department of Homeland Security and Department of Justice stated that they had received the following: Notice of proposed rulemaking Tuesday. “It would do so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel.”

“In the absence of such a measure, which would be implemented on a temporary basis, the number of migrants expected to travel without authorization to the United States is expected to increase significantly, to a level that risks undermining the Departments’ continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances,” The two departments continued.

DHS and the DOJ expressed optimism that the new restrictions would reduce the number of migrants crossing the southern frontier. This will help to lessen the power of human traffickers and decrease the number of migrants living in overcrowded border facilities. This decrease in numbers would guarantee that there is more migrant processing. “is done in an effective, humane, and efficient manner,” The departments wrote.

The new restrictions will be in effect after a period of public comment. May 11thThe Biden administration plans to end COVID-19 national or public health emergencies on the same day. Title 42 The restrictions which allow authorities turn away migrants because of public health concerns will also be lifted.

These restrictions are very similar to an identical Trump administration asylum ban. These restrictions are known as both “asylum bans” “transit bans,” They were controversial and fiercely fought in the courts From the beginning The term of the former President Trump. The Trump-era bans were blocked in the courts in 2018 & 2020. The final rule was applied on Trump’s last day in office. However, a judge ruled that it should be repealed.

Democrats and immigration advocates criticized the new rules for their similarities to Trump’s policies. The Biden administration dismissed these criticisms and pointed out that they had provided alternatives for migrants seeking asylum. Alejandro Mayorkas, DHS Secretary, denied the claims and said that his plan was based upon “a rebuttable presumption of ineligibility. And there’s a marked difference between the two,” He said it via The Hill