Biden's New Immigration Order Limits Asylum Claims to Migrants Crossing US-Mexico Border Unlawfully

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Biden Unveils Restrictive Asylum Policy Changes

President Joe Biden took a bold step on Tuesday with a sweeping executive action. It brings radical changes to how the United States handles asylum claims. Under the new order, many migrants can now be deported rapidly without their asylum claims going through the usual process.

This move marks a restrictive turn for a Democratic president. The policy effectively reduces the number of asylum claims processed between designated entry points along the southern border.

Asylum Entry Suspension Details

The policy comes into effect just after midnight Wednesday. It sets strict limits on migrant entry during peak illegal border crossings. The ban on asylum claims will be lifted only when the Department of Homeland Security confirms a drop in daily crossings. The benchmark set is fewer than 1,500 illegal daily entries, averaged over a week. The ban can be reinstated if illegal crossings exceed 2,500 a day.

Understandably, this dramatic shift has already sparked concern among migrant advocates. The U.S. has a longstanding policy of accommodating asylum requests from people on American soil. This includes those who may have entered between official border crossings.

Implementation and Exceptions

The Departments of Justice and Homeland Security will enact a new regulation to enforce these changes. The regulation explains the presidential proclamation's operational details. The directive is clear-migrants who bypass legal entry points during the order's enforcement will face rapid removal. This applies to Mexico or their home countries.

Officials previewing the move suggest prompt deportations, which could unfold in days or hours. However, there's a ray of hope for some individuals. Those migrants who can credibly express fear of persecution or torture will still get a chance. U.S. asylum officers will screen them for lesser forms of protection. To avoid quick deportation, they'll need to pass higher-threshold interviews.

It's important to note certain groups are exempt from these new measures. Unaccompanied minors, individuals with pressing medical issues, and those facing immediate danger won't be subject to the ban. The policy also preserves the processing of migrants through legal pathways, like the CBP One app system.

Biden's Legal Justification

The administration cites a 1950s law, Section 212(f), to justify its stance. This law gives a president the power to bar entry to noncitizens considered detrimental to the country. Former President Trump's attempts to limit immigration were based on this statute.

The American Civil Liberties Union (ACLU) has already voiced opposition. They argue the asylum ban is as illegal now under Biden as it was under Trump. The ACLU plans to launch a legal challenge against the president's actions.

Policy Shift and Political Ramifications

The new policies echo elements of a border security deal that previously stumbled in Congress. With this executive move, Biden circumvents what he deems Republican obstruction of broader immigration reform.

The proclamation is blunt. It criticizes Congress for failing to modernize an immigration and asylum framework deemed out-of-date and ill-suited for current conditions. Biden also points to legislative inaction, emphasizing his commitment to acting within his executive powers.

Meanwhile, Republicans criticize the executive order. They label it a political stunt meant to address Biden's faltering poll numbers rather than a sincere attempt to manage the border effectively.

The stakes are high, and reactions are strong on both sides. There's no denying the significance of this significant policy shift. As officials brace for the impact, the United States is witnessing a pivotal moment in its asylum and border security approach.

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