(Trends Wide) — The Joe Biden administration is expected to publish a new rule Tuesday that would largely bar migrants who traveled through other countries on their way to the US-Mexico border from seeking asylum in the United States, according to a source familiar with the plan, marking a departure from a decades-old protocol.
The new regulations, which could affect thousands of people, are part of a mosaic of policies put in place by the administration to manage the border. It’s one of the moves that has pitted Biden against his own allies, who argue that the administration’s approach is too strict and based on Trump-era policies.
Most migrants transit through another country, if not several, on their way to the United States. The proposed asylum policy is reminiscent of a Trump-era policy that severely limited the ability of migrants to apply for asylum in the United States if they resided in or traveled through other countries before arriving in the United States.
That policy had been blocked by federal courts.
Administration officials have rejected the comparison to the Trump administration and have emphasized efforts to expand access to legal avenues to enter the United States. The rule will not take effect immediately, as it is expected to be published in the Federal Register and first undergo public comment.
Widespread criticism of Biden’s policy to restrict asylum
Biden’s policy, like that of the Trump era, has garnered widespread condemnation from Democratic lawmakers and immigrant advocates. In a private meeting with Homeland Security Secretary Alejandro Mayorkas last week, Democratic Hispanic senators expressed concern about and opposition to the rule, according to a source familiar with the meeting.
Members of the Congressional Hispanic Caucus had already expressed their frustration with the administration when the rule was initially announced, describing their surprise at the new border policies and lack of commitment.
Mayorkas explained the regulation to the Latino senators, according to the source, but it did not seem to alleviate their concerns.
To manage the flow of migrants, the administration has relied on a Trump-era Covid-19 restriction, known as Title 42, to turn away certain migrants at the US-Mexico border. But this restriction is likely to expire and has been caught in a series of lawsuits, so officials are considering other measures.
Among the plans the administration is considering is the use of an expedited removal process known as “expedited removal.” While Mexico has been taking migrants under Title 42 and previously under a Trump-era border policy known as “remain in Mexico,” the plan would appear to mark the first time Mexico would take back non-Mexican deportees on a large scale. The Department of Homeland Security has denied the reports about the plan.
US policy for migrants from Venezuela, Nicaragua and Cuba
Changes in migration patterns have strained federal resources, as border authorities have encountered increasing numbers of Cubans, Venezuelans and Nicaraguans. Due to tense diplomatic relations, the United States cannot deport migrants of these nationalities to their countries of origin.
Since then, the United States has begun sending migrants from Cuba, Venezuela and Nicaragua to Mexico under Title 42 and has opened a separate program that allows migrants of those nationalities and from Haiti to apply to enter the United States legally. Thousands of immigrants have already applied.
Administration officials have credited the program with causing a significant drop in border crossings.
