AP

How Biden’s new order to halt asylum at the US border is supposed to work

Jun 8, 2024, 11:33 AM

EAGLE PASS, TEXAS - MARCH 17: In an aerial view, immigrants wait under an international bridge afte...

EAGLE PASS, TEXAS - MARCH 17: In an aerial view, immigrants wait under an international bridge after crossing the Rio Grande from Mexico and passing through coils of razor wire on March 17, 2024 in Eagle Pass, Texas. Texas National Guard troops have fortified the U.S.-Mexico border at Eagle Pass with vast a amount of razor wire as part of Governor Greg Abbott's "Operation Lone Star" to deter migrants from crossing into Texas. The U.S. southwestern border stretches nearly 2,000 miles, from the Gulf of Mexico to the Pacific Ocean and is marked by fences, deserts, mountains and the Rio Grande, which runs the entire length of Texas. The politics surrounding border and immigration issues have become dominant themes in the U.S. presidential election campaign. (Photo by John Moore/Getty Images)

(Photo by John Moore/Getty Images)

SAN DIEGO (AP)President Joe Biden on Tuesday unveiled a halt to asylum processing at the U.S. border with Mexico when illegal entries reach a threshold that he deems excessive.

The measure takes effect immediately because the new policy is triggered when arrests for illegal entry reach 2,500. About 4,000 people already are entering the U.S. each day. It was a major policy shift on a critical election-year issue that’s exposed Biden to Republican criticism over an unprecedented surge in new arrivals in an election year.

THE MEASURE

Advocates say it will put migrants in danger and violate international obligations to provide safe haven to people whose lives are threatened. The Biden administration denies that.

Legal challenges are imminent.

There are also serious questions of whether the new measure can stop large-scale migrant entries. Mexico has agreed to take back migrants who are not Mexican, but only in limited numbers. And the Biden administration doesn’t have the money and diplomatic support it needs to deport migrants long distances, to China and countries in Africa, for example.

Those who claim asylum today are generally free to live and work in the United States while their claims slowly wind through overwhelmed immigration courts.

Some questions and answers about Biden’s presidential proclamation:

HOW WILL THIS PLAY OUT ON THE GROUND?

The threshold triggers a halt on asylum until average daily arrests for illegal crossings fall below 1,500 for a week straight. The last time crossings were that low was in July 2020, during the depths of the COVID-19 pandemic.

The pandemic-related asylum restrictions known as Title 42 carried no legal consequences and encouraged repeat attempts. Now, migrants will be issued deportation orders even if they are denied a chance to seek asylum. That will expose them to criminal prosecution if they try again and ban them for several years from legally entering the country. It’s a key difference.

“We are ready to repatriate a record number of people in the coming days,” Blas Nuñez-Neto, assistant homeland security secretary for border and immigration policy, said in a conference call for Spanish-language reporters.

Migrants who express fear for their safety if they’re deported will be screened by U.S. asylum officers but under a higher standard than what’s currently in place. If they pass, they can remain to pursue other forms of humanitarian protection, including those laid out in the U.N. Convention Against Torture.

Unaccompanied children are exempt, raising the possibility that some parents may send their sons and daughters across the border without them.

WHAT ROLE DOES MEXICO PLAY?

A critical one.

The U.S. has limited funding to fly people home to more than 100 countries, including many in Africa and Asia. It also lacks diplomatic sway and logistical arrangements to deport large numbers to many countries, including China, Russia and Venezuela.

A 1997 court order generally limits detention of families with a child under 18 to 20 days, a highly ambitious and perhaps unrealistic turnaround time to screen people who express fear of deportation and then put them on a flight.

Even for single adults, U.S. Immigration and Customs Enforcement has enough funds to only detain about 34,000 people at a time.

Mexico has agreed to take back up to 30,000 people a month from Cuba, Haiti, Nicaragua and Venezuela, in addition to Mexicans. Its commitment does not extend to other nationalities.

This year, Mexico has also made it far more difficult for migrants to reach the U.S. border, largely by preventing them from riding freight trains and stopping them on buses to turn them around to southern Mexico. While Mexican authorities are blocking migrants’ advance, relatively few are deported, causing many to be stuck in Mexican cities far from the U.S. border.

Alicia Bárcena, Mexico’s foreign relations secretary, told reporters last month that Mexico won’t allow more than 4,000 illegal entries a day. President-elect Claudia Sheinbaum, who takes office Oct. 1, is expected to continue policies of her mentor and Mexico’s current president, Andrés Manuel López Obrador.

HAS THIS BEEN TRIED BEFORE?

This is the latest in a series of measures under the Biden and Trump administrations to deter asylum-seekers, none of which have had lasting impact.

In May 2023, Biden imposed similar obstacles to asylum for anyone who crossed the border illegally after passing through another country, such as Mexico. A federal appeals court allowed those restrictions to stay in place while advocates challenge it, but it appears to have little impact.

Illegal crossings fell after last year’s restrictions took effect, but the lull was short-lived as the number of screening officers was inadequate for the enormous task. The rule’s application in only a small percentage of arrests showed how budgets can fail to match ambitions.

Biden invoked a section of the Immigration and Nationality Act that allows the president to ban entry for groups of people if their presence “would be detrimental to the interests of the United States.” President Donald Trump used these powers to ban entry of people from some predominantly Muslim countries, though advocacy groups are expected to argue that Biden failed to meet that “detrimental” criterion.

Associated Press writer Gisela Salomon in Miami contributed.

KSL 5 TV Live

AP

Senate Minority Leader Mitch McConnell, R-Ky., center, welcomes incoming Republican senators in his...

Associated Press

Senate Republicans are gathering behind closed doors to pick a new majority leader

Republican senators will gather behind closed doors Wednesday to decide who will replace longtime Senate leader Mitch McConnell and lead their new majority next year — a decision that could shape the future of the Senate, and the party, as Donald Trump reclaims the presidency.

5 hours ago

Members of the Louisville Metro Police and Louisville Fire Departments block access to Givaudan Sen...

Emma Tucker, CNN

Explosion at Kentucky business injures 11 workers, shatters windows in surrounding neighborhood

At least 11 employees were taken to hospitals after an explosion at a Louisville, Kentucky, business that produces natural color for foods and drinks.

10 hours ago

FILE - In this May 13, 2019, photo, River, left, and Timon, both rhesus macaques, sit in an outdoor...

Associated Press

2 more escaped monkeys recaptured and enjoying peanut butter and jelly sandwiches in South Carolina

Authorities say two monkeys have been returned to a South Carolina compound that breeds the animals for medical research.

10 hours ago

My Chemical Romance performs during the pre-game show for the NFL Football game between the Denver ...

MARIA SHERMAN, Associated Press

My Chemical Romance returns with ‘The Black Parade’ tour

Nearly two decades ago, My Chemical Romance released their career-defining rock opera, “The Black Parade,” cementing their shift from mainstays of the emo scene to mainstream recognition and becoming one of the most inventive bands of the 21st century.

11 hours ago

This artist depiction shows Massachusetts Air National Guardsman Jack Teixeira, right, appearing in...

MICHAEL CASEY, Associated Press

Pentagon secrets leaker Jack Teixeira sentenced 15 years in prison

A federal judge on Tuesday sentenced a Massachusetts Air National Guard member to 15 years in prison after he pleaded guilty to leaking highly classified military documents about the war in Ukraine.

12 hours ago

A copy of the Ten Commandments is posted along with other historical documents in a hallway of the ...

Sara Cline and Kevin McGill, Associated Press

Federal judge blocks Louisiana law that requires classrooms to display Ten Commandments

A new Louisiana requirement that the Ten Commandments be displayed in every public classroom by Jan. 1 was temporarily blocked Tuesday by a federal judge who said the law is “unconstitutional on its face.”

17 hours ago

Sponsored Articles

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

family having fun at home...

Lighting Design

Discover the impact of lighting on your mood

From color temperature to lighting saturation, we tackle how different lighting design setups can impact your day-to-day mood.

Laptops in a modern technology store. Department of computers in the electronics store. Choosing a ...

PC Laptops

How to choose the best laptop for college students

Finding the right laptop for college students can be hard, but with this guide we break down what to look for so you can find the best one.

young male technician is repairing a printer at office...

Les Olson

Unraveling the dilemma between leasing and buying office technology

Carefully weigh these pros and cons to make an informed decision that best suits your business growth and day-to-day operation. 

A kitchen in a modern farmhouse....

Lighting Design

A room-by-room lighting guide for your home

Bookmark this room-by-room lighting guide whenever you decide to upgrade your lighting or style a new home.

Photo courtesy of Artists of Ballet West...

Ballet West

The rising demand for ballet tickets: why they’re harder to get

Ballet West’s box office is experiencing demand they’ve never seen before, leaving many interested patrons unable to secure tickets they want.

How Biden’s new order to halt asylum at the US border is supposed to work