Biden's Asylum Cap Raises Legal, Political, and Humanitarian Concerns Ahead of Elections
Presidential Proclamation and DHS-DOJ Rule to Tighten Asylum Eligibility Amid High Border Encounters
Biden Implements Asylum Restrictions at U.S.-Mexico Border Amid Migrant Surge
Noah Bierman, Andrea Castillo, and Hannah Fry, Los Angeles Times.- President Joe Biden has signed an executive order to temporarily restrict asylum claims at the U.S.-Mexico border when unauthorized crossings are excessively high. The new rule, effective immediately, mandates that asylum can only be sought when border detentions are under a specific threshold, significantly altering the criteria for claims to require a higher likelihood of facing torture. This decisive move, designed to manage the border crisis, exempts certain vulnerable groups and aims to streamline border processing. However, it has sparked considerable controversy, drawing criticism for potentially violating international asylum obligations and facing inevitable legal challenges from civil rights groups. The measure reflects Biden's strategic shift to address immigration issues amid escalating political pressure and looming legal battles.
Presidential Proclamation and DHS-DOJ Rule to Tighten Asylum Eligibility Amid High Border Encounters
The Biden-Harris Administration announced stringent measures to enhance border security, including a Presidential Proclamation and a joint DHS-DOJ interim final rule, significantly tightening asylum eligibility during elevated illegal crossings at the U.S. southern border. These measures will take effect when illegal crossings surpass 2,500 daily and will be suspended if encounters decrease to below 1,500 for a sustained period.
The new rule primarily targets noncitizens who enter the U.S. unlawfully or without authorization, making them generally ineligible for asylum except under exceptionally compelling circumstances or specified exceptions. Additionally, it alters the screening process for protection claims, raising the standard to a "reasonable probability of persecution or torture" level for those who express a fear of returning to their home country.
Exceptions to these rules include lawful permanent residents, unaccompanied children, trafficking victims, and those with valid visas. These measures also introduce a temporary bar to reentry for those removed under these provisions, emphasizing the administration's commitment to enforcing border security while awaiting more comprehensive legislative solutions from Congress.
Border Center analysis
What can be the probable scenarios?
The recent executive order by President Biden to limit asylum claims when unauthorized border crossings exceed a certain threshold presents several potential scenarios for the immediate future of the immigration issue in America. Here are a few possible outcomes:
Increased Legal Challenges: The executive order will likely face immediate legal challenges. Advocacy groups such as the American Civil Liberties Union (ACLU) have previously challenged similar measures and indicated readiness to contest Biden's new restrictions. These legal battles could delay the order's implementation or alter its scope through court rulings.
Political Repercussions: Immigration is a polarizing issue, and the executive order could have significant political implications, particularly as the presidential election approaches. While it may appease some moderate and conservative voters concerned about border security, it could alienate core parts of the Democratic base, particularly progressive and immigrant advocacy groups that view such measures as too restrictive.
Operational Challenges at the Border: Implementing the order could lead to operational challenges, including overcrowding at border facilities if rapid deportations cannot be executed due to logistical or legal constraints. There may also be a surge in using the CBP One app for asylum appointments, potentially overloading the system and creating backlogs.
Shifts in Migrant Patterns: The order might alter migrant patterns, with potential increases in irregular crossings at less monitored border sections or a rise in the number of migrants trying to cross before the order fully takes effect. Additionally, smugglers may adapt their strategies, which could change the routes and methods used for crossing the border.
International Relations: Executing this order will require close cooperation with Mexico and other Latin American countries to manage migration effectively. This could affect bilateral relations, particularly if the U.S. pushes for more stringent, unpopular migration controls in these countries.
Long-term Policy Shifts: If the order effectively controls the border, it could lead to more permanent legislative measures to reform the asylum system and border management. Conversely, if it fails to prevent unauthorized crossings or leads to humanitarian concerns, there could be increased pressure to revert to more open asylum policies.
Impact on Asylum Seekers: The arbitrary caps set by the order could significantly impact legitimate asylum seekers who may be barred from entering the U.S. This could lead to humanitarian issues at the border, with increased numbers of migrants in limbo, potentially exacerbating conditions in northern Mexico.
Biden Signs Order to Restrict Asylum Amid Surging Border Crossings, Faces Backlash in Texas
Alejandro Serrano and Mattew Choi, The Texas Tribune.- President Joe Biden's new executive order to limit asylum access during high illegal border crossings has ignited controversy across Texas. Announced as a response to unmanageable surges at the border, the policy restricts asylum for noncitizens when daily crossings exceed a set threshold, with certain exceptions. Criticism from both political parties in Texas suggests the move is seen as a political strategy ahead of upcoming elections. Advocacy groups argue the order endangers vulnerable migrants and complicates the asylum process, potentially leading to increased trafficking as individuals seek alternative entry routes. The measure, echoing failed bipartisan legislative efforts, signifies a major policy shift towards stricter border control. This change, amidst election-year tensions, highlights deep divisions over immigration strategy and the treatment of migrants at the U.S. southern border.
Biden's New Asylum Policy Stirs Anxiety and Uncertainty at the Border
Alexandra Mendoza & Kristina Davis, San Diego Union-Tribune.- The new executive order signed by President Joe Biden to restrict asylum under certain conditions has sown seeds of uncertainty and concern among migrants and officials at the U.S.-Mexico border. In the immediate aftermath in San Diego, there was little change, but many are adopting a wait-and-see approach. The Department of Homeland Security has stated that the new protocols will be effective from midnight following the order's signing. Asylum seekers like Luz Elena from Colombia caught between border fences, expressed fear and uncertainty about their future given the new restrictions, which kick in when daily migrant apprehensions exceed 2,500. The order includes exceptions but tightens rules around credible fear interviews and returns. The announcement has sparked a mix of condemnation and support, reflecting deep divisions on immigration policy. Local leaders and humanitarian workers brace for potential impacts on shelters and migrant safety amid fears that the order could lead to riskier border crossings and overcrowding in shelters.
Houston Immigrant Entrepreneurs Drive Economic Growth, Outpace Population Share
Anna-Catherine Brigida, Houston Landing. - A new report reveals that immigrant entrepreneurs in Houston are significantly contributing to the local economy by starting more businesses compared to their percentage of the population. Immigrants, constituting 24% of Houston’s populace, operate nearly 42% of its businesses, according to the American Immigration Council. These businesses span various sectors, including construction, professional services, and hospitality. This entrepreneurial trend bolsters economic growth and counters some political figures' negative portrayal of immigrants. With the city's GDP rising significantly over recent years, immigrants have been pivotal, contributing to about one-fourth of this increase. Experts emphasize the need for supportive policies to maintain this positive economic momentum driven by immigrant entrepreneurs.
Arizona's Border Control Proposal Heads to Voters, Aims to Make Unauthorized Entry a State Crime
Anita Snow & Jacques Billeaud, The Associated Press.- Arizona's Legislature has advanced a proposal to the November 5 ballot to criminalize unauthorized entry into the state through non-port of entry locations from Mexico. This measure, which bypasses a veto from Democratic Governor Katie Hobbs, would allow state and local law enforcement to arrest individuals crossing the border illegally. It also proposes that state judges could mandate the deportation of convicted individuals. Governor Hobbs criticized the measure as harmful to Arizona’s economy and counterproductive for law enforcement. The bill's passage in the House was strictly along party lines, highlighting deep political divisions. Proponents argue it's necessary for state security, while opponents decry it unconstitutional and likely to incur significant legal costs, referencing Arizona's costly experiences with similar past legislation.