President Joe Biden announced a new policy on Tuesday that halts asylum processing at the U.S. border with Mexico when illegal entries reach a threshold deemed excessive. The measure, effective immediately, triggers when arrests for illegal entry reach 2,500, with approximately 4,000 daily entries currently occurring.
The Measure
Advocates argue that this policy endangers migrants and violates international obligations to provide safe haven to those facing life-threatening situations, a claim denied by the Biden administration. Legal challenges are expected to arise.
Questions linger on the effectiveness of the new measure in curbing large-scale migrant entries. While Mexico has agreed to repatriate non-Mexican migrants in limited numbers, logistical and financial constraints hinder long-distance deportations to countries like China and those in Africa.
Ground Implementation
The policy halts asylum until daily arrests for illegal crossings fall below 1,500 for a week. Migrants will now face deportation orders even if denied asylum, potentially leading to criminal prosecution upon reentry attempts.
Screening by U.S. asylum officers will occur under a higher standard for those expressing fear of deportation, allowing for pursuit of other forms of humanitarian protection.
Role of Mexico
Mexico plays a critical role in the process due to limitations in deporting migrants to various countries. While Mexico has agreed to repatriate specific nationalities, challenges remain in detaining and deporting large numbers.
Mexico's efforts to impede migrant progress towards the U.S. border have caused many to be stranded in Mexican cities far from their intended destination.
Previous Attempts and Future Outlook
This policy is the latest in a series of measures by both the Biden and Trump administrations to deter asylum-seekers, with previous attempts showing limited lasting impact.
While illegal crossings initially decreased after past restrictions, the lack of resources and inadequate staffing led to a resurgence in numbers. Biden's use of presidential powers under the Immigration and Nationality Act to ban entry for certain groups may face legal challenges.
Overall, the new policy marks a significant shift in U.S. border operations, raising concerns and uncertainties about its practical implications and long-term effectiveness.