The Biden administration announced on Monday new restrictions for those seeking asylum at the southern border of the United States, in a bid to showcase a tougher stance on border security.
The updated regulations, which build on the restrictions imposed in June, will prohibit asylum when the border is deemed overwhelmed, according to a report by the Associated Press.
Previously, asylum requests could be limited if over 2,500 migrants attempted to cross between official border points. Under the new rules, the daily average must be below 1,500 migrants for nearly a month before restrictions can be eased. Additionally, all children will now be included in this count, not just those from Mexico as was previously the case.
Effective Tuesday, October 1, these changes make it even more challenging to lift the restrictions, preventing migrants who cross outside official points from seeking asylum. The restrictions from June have never been lifted, as the number of migrants has not decreased sufficiently.
Currently, the daily average of encounters has decreased to approximately 1,800, according to the Department of Homeland Security (DHS). A senior official defended the new tightening, stating it is necessary to ensure a consistent, not temporary, reduction in migrant numbers.
Criticism and Justifications
Immigrant advocacy groups have criticized the new rules, arguing that they are sending people back to danger and failing to meet the United States' humanitarian obligations. The American Immigration Lawyers Association described the new measures as a disguised ban on asylum.
Homeland Security Secretary Alejandro Mayorkas dismissed the criticisms, asserting that the asylum system remains operational, with exceptions for victims of human trafficking and migrants using the CBP One app to schedule appointments at official border points. However, the demand far exceeds the 1,450 daily appointments available.
The government has praised these restrictions, claiming they have reduced the number of migrants arriving at the southern border by more than 50% since their implementation in June.
Political Implications
"This is a political maneuver. The Biden administration is trying to win voters. The border is a crucial issue for the upcoming elections, and I believe the candidates' stance on this matter will determine who wins," said lawyer Ismael Labrador, interviewed by journalist Mario J. Pentón about the changes.
Border security and unauthorized immigration remain a significant challenge for the Biden administration and a point of attack from Donald Trump, who accuses the current government of not doing enough to strengthen border security.
During her first visit to the border as a Democratic candidate last Friday, Vice President Kamala Harris toured an area in Arizona, where she advocated for balancing border security with a more orderly and humane legal immigration system.