Biden Administration Announces Restrictive New Policy on Asylum Eligibility for Migrants Crossing U.S.-Mexico Border

The Biden administration announced Tuesday a new policy that would place limits on migrants’ eligibility to claim asylum when crossing into the U.S. from Mexico. The proposed rule would presume asylum ineligibility and “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 smugglers.”

Under the new rule, migrants who pass through countries on their way to the U.S. and do not first claim asylum there or take advantage of other lawful pathways will be deemed ineligible to claim asylum at the southern border. The new 153-page proposed regulation, which could affect tens of thousands of people, is the most restrictive of a patchwork of policies put in place by the Biden administration to try and manage the US-Mexico border and is reminiscent of a Trump-era policy.

The Biden administration has said the new rule is necessary to reduce the burden on the US-Mexico border and to ensure that those who are seeking asylum are doing so in a safe and orderly manner. The rule is also intended to discourage migrants from relying on human smugglers to cross the border.

The proposed rule will take effect when Covid measures at the southern border expire. It is unclear when that will be, but the Biden administration has said it will be in the coming weeks. The rule will be open for public comment for 60 days before it is finalized.