Biden Administration Set to Cement Stricter Asylum Regulations Amid Political Pressure and Legal Challenges

The Biden administration is poised to implement a regulation aimed at solidifying the extensive asylum restrictions introduced at the southern border during the summer, according to two U.S. officials who spoke with CBS News. These changes are set to make it significantly less likely for the stringent rules to be lifted in the near future.

Background on Biden's Asylum Restrictions

In June, President Biden issued a proclamation suspending the entry of most migrants crossing the U.S.-Mexico border illegally. The Department of Homeland Security and the Justice Department responded by enacting a rule that effectively halted asylum processing at official border entry points. Following the implementation of these measures, illegal border crossings plummeted to a four-year low.

Upcoming Changes to Asylum Regulations

According to the unnamed U.S. officials, the administration plans to announce changes to the regulation as early as Monday, with the aim of enforcing an amended proclamation. These changes would significantly raise the bar for officials to terminate the partial asylum ban by altering the threshold for its deactivation. Currently, the order specifies that the measure would lapse if the seven-day average of daily illegal border crossings drops below 1,500. However, the planned modifications would require the seven-day average to remain below 1,500 for 28 consecutive days in order for the restrictions to be lifted.

Expansion of Deactivation Criteria

Additionally, the updated regulations would broaden the scope of migrants included in the deactivation trigger's calculations. At present, crossings by non-Mexican unaccompanied children are excluded from this count. The proposed changes would encompass all unaccompanied children, thereby further tightening the conditions under which the asylum restrictions could be lifted.

Implications for Biden's Asylum Restrictions

If these changes are implemented, they are expected to ensure the continuation of President Biden's stringent asylum measures for the foreseeable future, extending through the upcoming election and beyond. CBS News was the first to report on the administration's consideration of these changes earlier this month.

Official Responses

When approached for comment, DHS spokesperson Naree Ketudat stated that the department could not discuss the particulars of a rule that has not yet been finalized or issued. White House spokesperson Angelo Fernández Hernández refrained from addressing the impending changes directly but emphasized that President Biden's decisive actions in June were yielding positive results. He noted that July and August had witnessed the lowest encounter levels since September 2020, suggesting the effectiveness of the administration's approach.

Criticism and Opposition

Lee Gelernt, the ACLU attorney leading the lawsuit challenging President Biden's asylum restrictions, criticized the administration's decision to double down on what he termed a "patently unlawful rule" that is endangering individuals and hopes to see it blocked by the courts in their ongoing legal battle.

The Political Landscape

Immigration has posed a significant political challenge for the Biden administration and the Democratic Party. Over the past three years, migrant encounters at the southern border have surged to unprecedented levels, causing chaos and straining resources in major cities while reshaping the political discourse surrounding immigration. Recent public opinion polls indicate a growing inclination among Americans towards stricter immigration policies, echoing sentiments akin to those championed by former President Donald Trump.

Democratic Response to Immigration Challenges

In a bid to reshape the narrative, Democratic figures, including Vice President Kamala Harris, have recently embraced a more stringent stance on immigration. Their efforts include advocating for a bipartisan border security deal that unfortunately fell through in Congress, largely due to former President Trump's urging for Republican rejection. This proposed legislation aimed to institute permanent asylum restrictions while augmenting the number of border agents, asylum adjudicators, and immigration judges.

Biden's Policy Shift

The asylum restrictions enacted in June marked a notable departure for the Biden administration, which had initially come into office with a commitment to expanding access to the U.S. asylum system. The new measures, drawing from the same legal authority employed by the Trump administration to justify various immigration restrictions, render most migrants crossing the southern border illegally ineligible for asylum. Furthermore, these measures abolished the long-standing requirement for border agents to inquire about migrants' fear of harm before initiating deportation procedures.

Differentiating Factors

Biden administration officials contend that their approach to border management differs from that of the Trump administration due to the introduction of new programs enabling legal entry for migrants. One such initiative permits Americans to sponsor citizens from four Latin American and Caribbean countries, thereby offering an alternative pathway for legal migration.

Legal and Political Reactions

The administration's actions have drawn scrutiny from both sides of the political spectrum. The American Civil Liberties Union, along with other migrant advocacy organizations, is actively urging a federal court to nullify the asylum restrictions, alleging their violation of the rights of desperate asylum-seekers. Conversely, Republican lawmakers have criticized President Biden for allegedly delaying the exercise of his presidential authority to impose stricter measures on border crossings.

Recognizing the Need for Change

Theresa Cardinal Brown, a former U.S. immigration official under Presidents Barack Obama and George W. Bush, noted that the Democrats' embrace of stricter asylum regulations reflects a recognition of the necessity for adjustments to the asylum system at the border to enhance its functionality and manageability.

Amidst the evolving landscape of immigration policy, the Biden administration appears poised to institute changes that will solidify the asylum restrictions imposed at the southern border. As these developments unfold, they are expected to have a profound impact on the administration's approach to immigration, shaping the discourse around the issue in the months to come.

The administrative plans to reinforce the asylum restrictions at the southern border, as outlined by unidentified U.S. officials, represent a significant shift in the Biden administration's immigration policy. These proposed modifications, aimed at making it more challenging to lift the existing strictures on asylum, underscore the administration's commitment to maintaining a stringent approach to border control.