The Biden administration is reportedly preparing to announce a new asylum regulation that would allow officials to remove certain illegal immigrants earlier in the asylum process. The Department of Homeland Security is expected to issue a regulation that would apply denials to eligibility for those claiming asylum at the initial screening stage at the border, rather than during the interview stage. This move would enable officials to expedite the removal of individuals who fail to meet the criteria, particularly those deemed national security or public safety threats.
It remains uncertain how significantly this rule would impact the situation at the border, as it is likely to only affect individuals screened for an asylum claim. The Biden administration previously implemented a broader asylum rule that renders illegal immigrants ineligible for asylum if they have crossed multiple countries without claiming asylum. Despite this rule, the border experienced a record number of crossings in December, although the numbers have since decreased.
The proposed regulation falls short of the comprehensive changes envisioned by both the administration and Republicans. While the Biden administration has called for additional funding and introduced a sweeping immigration reform bill, Republicans advocate for reinstating Trump-era policies such as border wall construction, the Remain-in-Mexico policy, and increased interior enforcement.
House Republicans passed a border security package last year, including measures to shut down parole and limit migrant entry into the interior, but the bill has not progressed in the Democrat-controlled Senate. The administration is also considering utilizing a law known as 212(f) to suspend the entry of foreign nationals if deemed not in the country's best interest.
Despite differing approaches, both parties acknowledge the need to address the border crisis. The Biden administration's proposed asylum regulation is viewed skeptically by some Republicans, who believe it fails to address the root causes of the issue. House Homeland Security Committee Chairman Mark Green criticized the rule as insufficient in tackling the influx of illegitimate asylum claims.
As the debate continues, the administration faces pressure to find effective solutions to the ongoing challenges at the border. The proposed asylum regulation represents a step towards streamlining the asylum process, but its impact on the broader immigration landscape remains to be seen.
