The Biden Administration Announces New Immigration Policies Affecting Asylum Seekers at the Southern Border
On Thursday, the Biden administration announced new immigration policies that will take effect immediately. These policies will limit asylum claims at the southern border and expand the use of the Covid ban known as Title 42, while also increasing the number of legal paths for some migrants to apply for asylum without making the journey to the United States.
Title 42 will now be used to send thousands of Cuban, Haitian, and Nicaraguan migrants back over the southern border each month. However, the administration will also increase the ways in which migrants can apply for asylum in the U.S. without making the journey north.
The new policies will make it more difficult for migrants to seek protection if they do not first claim asylum in countries they pass through on their way to the U.S. This move has been criticized as similar to the transit ban implemented by former President Donald Trump, which was struck down in courts.
Homeland Security Secretary Alejandro Mayorkas stated that any migrants who “circumvent available established pathways to lawful migration and also fail to seek protection in a country through which they traveled on their way to the United States will be subject to a rebuttable presumption of asylum ineligibility in the United States, unless they meet exceptions that will be specified.”
Previously, Haitian, Cuban, and Nicaraguan migrants had been exempt from Title 42, a Trump-era Covid rule that prevented more than 1.4 million border crossings by forcing migrants back into Mexico before they could claim asylum. These nationalities were exempt in part because their home countries and Mexico refuse to take them back. However, under the new policies, they will now be subject to the ban. If the Supreme Court allows Title 42 to be lifted, the administration could use other authorities to fast-track such migrants for deportation.
The new immigration policies have been met with criticism from some Democratic lawmakers, including Senator Robert Menendez of New Jersey, who stated that he was “deeply disturbed” by the policy.
If you or a loved one are seeking asylum in the United States, it is important to understand how these new policies may affect your case. At the Law Offices of C. Antonio Delgado, we are dedicated to helping individuals and families navigate the complex process of applying for asylum in the U.S. Our team of experienced attorneys is fluent in both English and Spanish, and we are committed to helping our clients succeed in their asylum applications. Contact us today at 1-888-688-4018 to schedule a consultation and learn more about how we can help you.
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