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  • Writer's pictureRathee Law Firm

BIDEN ADMINISTRATION ANNOUNCES FRESH ASYLUM POLICY TO CURB ILLEGAL CROSSING OF U.S.-MEXICO BORDER

On Tuesday, February 21, 2023, the Biden administration announced its most restrictive policy yet to limit unlawful entries to the U.S.



WHAT IS THE NEW RULE?


The new rule would presume migrants to be ineligible for asylum if they cross the border illegally. The regulation would also "encourage migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain,"


WHEN DOES IT GO INTO EFFECT?


The proposed rule would be open to the public for 30 days for comments and would go into effect for two years on May 11, the expected termination day for Trump-era's Title 42.


WHAT WILL THIS POLICY DO?


It would allow expedited removal of migrants who did not notify border authorities of their plans to seek asylum through a mobile app or if they did not apply for asylum in any other country on their route to the United States.


WHY IS IT BEING IMPLEMENTED?


Biden administration expects a significant influx of migrants to cross the border unlawfully once the Title 42 rule ends. The regulation is designed "to help ensure secure, orderly, and humane processing of migrants once Title 42 eventually lifts," said one official on the call with New York Times. Title 42, a public health order, has been used more than 2 million times to expel asylum seekers on public health grounds.


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