U.S. President Joe Biden has instituted a sweeping asylum ban on migrants caught illegally crossing the U.S.-Mexico border, a significant enforcement measure ahead of the November elections. This move could see migrants quickly deported or turned back to Mexico. Exceptions will be made for unaccompanied children, individuals facing serious medical or safety threats, and victims of trafficking, according to the U.S. Department of Homeland Security.
Biden, a Democrat, has intensified his border security measures as immigration becomes a key issue for Americans leading up to the November 5 elections. He faces Republican Donald Trump, who prioritized a hardline stance on immigration and has pledged a broad crackdown if reelected.
After taking office in 2021, Biden vowed to reverse some of Trump’s restrictive immigration policies but has since struggled with record levels of illegal crossings, straining U.S. border authorities and cities receiving new arrivals.
During a White House press conference, Biden explained that asylum access would remain available to migrants who register for an appointment using the CBP One app or pursue other legal pathways instead of crossing illegally. “This action will help us gain control of our border and restore order into the process,” Biden stated. “This ban will remain in place until the number of people trying to enter illegally is reduced to a level that our system can effectively manage.”
Despite new restrictions, Biden criticized Trump’s most controversial policies, including separating migrant families at the border and remarks suggesting that immigrants were “poisoning the blood of our country.” Biden asserted, “I will never demonize immigrants.”
According to a Reuters/Ipsos poll conducted in mid-May, registered voters prefer Trump over Biden on immigration policy by a 17 percentage point margin.
Key Details and Implementation
The asylum ban activates when the daily average of border arrests exceeds 2,500 over a week. Current figures surpass this threshold, with U.S. border arrests averaging 4,300 per day in April, based on the most recent government statistics. The ban will be paused when arrests drop below an average of 1,500 per day for three weeks, a level last seen in July 2020 during the early months of the COVID-19 pandemic.
Operational questions remain about the measure’s implementation, including how quickly the administration can deport migrants from distant and uncooperative countries and how many non-Mexican migrants Mexico will accept under the new regime.
The new restrictions resemble policies implemented by Trump and use a legal statute known as 212(f), which also underpinned Trump’s travel bans blocking people from several majority-Muslim nations and other countries.
Critics across the political spectrum attacked the new ban. Lee Gelernt, an attorney for the American Civil Liberties Union, announced intentions to sue over the restrictions. Immigrant advocacy organizations have criticized Biden for adopting Trump-like policies and retreating from U.S. legal obligations to asylum seekers. Trump’s campaign criticized Biden for high levels of illegal immigration and claimed that exempting unaccompanied minors would encourage child trafficking. Republicans also labeled Biden’s actions as politically motivated and insufficient.
Legislative and Diplomatic Efforts
Biden has pushed for months to pass a Senate bill, crafted by a bipartisan group, to toughen border security. However, Republicans rejected the bill after Trump opposed it.
In addition to the latest measure, the Biden administration has taken several steps over the past year to toughen the asylum process, including a May 2023 regulation that raised the standard for an initial asylum claim.
Recent months have seen a decrease in the number of migrants caught crossing the U.S.-Mexico border illegally, a trend U.S. officials partly attribute to increased Mexican enforcement.
Claudia Sheinbaum, elected as Mexico’s first female president in a landslide victory, will take office on October 1. Biden’s border restrictions may pressure Sheinbaum to maintain low levels of illegal border crossings. Biden thanked current President Andres Manuel Lopez Obrador for his continued cooperation on immigration during a phone call on Tuesday. Lopez Obrador stated at his daily press conference that the two countries “have been making good progress” on the issue.
Enrique Lucero, the director of migrant affairs in Tijuana, Mexico, warned that the new measures could overwhelm migrant shelters, as more people will be stuck waiting or returned. He suggested that desperate individuals will continue to find ways to cross the border illegally. “The question is where are all those people going to go?” Lucero said. “Many will end up on the streets or prey to traffickers.”
In San Diego, California, across the border from Tijuana, a 31-year-old Colombian man identified as John recounted spending eight days and 20 million Colombian pesos ($5,200) to cross into the U.S. and seek asylum. His immigration court hearing is scheduled for April 25. “It would have been very painful to have to start over, in debt,” John said. “People give up everything they have.”
(Reuters)
