The Biden administration has finalized a sweeping restriction on asylum that it plans to use to ramp up swift deportations of migrants who cross the U.S.-Mexico border after the Title 42 pandemic-era emergency policy sunsets on Thursday.
— The Biden administration has finalized a sweeping restriction on asylum that it plans to use to ramp up swift deportations of migrants who cross the U.S.-Mexico border after the Title 42 pandemic-eraHundreds of U.S. asylum officers were trained on how to enforce the restriction on Tuesday and the regulation was published on Wednesday, less than 48 hours before Title 42 is set to expire.
If upheld, the Biden administration's rule will cement a growing bipartisan rejection of the asylum laws that Congress enacted in 1980 to conform with international treaties designed to prevent nations from turning away refugees to places where they could be persecuted, as the U.S. did to some Jews fleeing Nazi Germany.
According to internal training documents, only migrants with"exceptionally compelling circumstances" will be able to overcome the rule's asylum bar. Those include migrants with an"acute medical emergency," those who face an"imminent and extreme threat" in Mexico and victims of"a severe form of human trafficking."
While Title 42 allowed U.S. border officials to cite public health concerns to expel hundreds of thousands of migrants without hearing their asylum claims, the new rule is, in many ways, a tougher policy. Because migrants expelled under Title 42 did not face immigration or criminal penalties, the measure encouraged some to make repeated border crossing attempts.
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