The Biden administration has introduced a new policy to demonstrate a commitment to reducing unauthorized border crossings between official ports of entry, specifically targeting asylum seekers.
This policy aims to limit asylum requests under current law if encounters average 2,500 per day over a seven-day period. With the current data, the executive order is expected to take effect immediately.
The most recent U.S. data indicates a decrease in encounters with migrants along the southwest border compared to previous months and years, with around 180,000 encounters in April 2024.
Sources within the senior Biden administration attribute these numbers to enhanced border enforcement and collaboration with the Mexican government, as well as expanded legal pathways for entry into the country.
The U.S. government is now planning to enforce stricter standards for asylum seekers and will promptly deport those who do not meet the criteria.
Some experts in immigration law view this announcement as primarily driven by political motives.
Cornell Law School professor and immigration attorney, Stephen Yale-Loehr, expressed skepticism about the policy change, stating, “It will not dissuade individuals with genuine fears of persecution from coming to the U.S. border.”
Immigration advocates critical of the policy’s compliance with asylum laws are likely to challenge it in court, while proponents of stricter border control desire even more stringent measures.
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Despite differing opinions, critics of border and immigration policies argue that presidents from both parties, as well as Congress, have made minimal changes to address the underlying issues over the years.
Some critics believe that imposing more obstacles for asylum seekers, whether through increased barriers, heightened law enforcement, or tougher legislation, only incentivizes smugglers and criminals.
Immigration policy expert at the libertarian-leaning Cato Institute, David Bier, suggests that restricting asylum seeking may lead to more individuals attempting to evade federal authorities, thereby increasing risks.
Bier emphasizes the importance of offering legal pathways for orderly asylum claims, citing a decrease in “gotaways” – individuals who evade law enforcement.
According to data from Cato, the number of such individuals fleeing has decreased since the government began rapidly expelling individuals under the public health law known as Title 42.
The new policy restricts asylum applications by halting acceptance when daily border crossings between ports of entry average 2,500 over seven days, and effectively closes the border to asylum seekers when daily crossings drop to 1,500 per day, a level not seen since the onset of the pandemic in 2020.
