The administration of US President Joe Biden has unveiled a new rule that would make most migrants and refugees that look to enter the United States ineligible for asylum. The new rule comes as the country’s COVID-era border restrictions are set to expire.
On Wednesday, the US Department of Homeland Security said that the rule, which would make many migrants looking to cross to the US ineligible for seeking protection if they did not file asylum applications in the countries they crossed earlier in their journey, will take effect on Thursday.
The new rule’s implementation also comes at the same time the US COVID-era border restrictions, known as Title 42, will be expiring. The controversial policy allowed US authorities to expel most people who cross the border without giving them an opportunity to apply for asylum.
“This administration has led the largest expansion of legal pathways for protection in decades, and this regulation will encourage migrants to seek access to those pathways instead of arriving unlawfully in the grip of smugglers at the southern border,” said DHS Secretary Alejandro Mayorkas in a statement.
However, the new rule was condemned by rights groups, referring to it as an “asylum ban” that was a breach of both domestic and international law. Rights groups also said it was contrary to Biden’s promise of taking a more “human approach” to migration compared to his immediate predecessor Donald Trump, whose administration enforced hardline policies in migration.
The Biden administration has been under political pressure when it came to illegal migration, with Republicans blaming Biden, who is a Democrat, for the surge of migrants since taking office in January 2021.
Ahead of the expiration of Title 42, thousands of migrants have since sought to cross the border to the US before the new rule could be enforced, whereas others have gathered on the Mexico side of the border.
“We are making it very clear that our border is not open, that crossing irregularly is against the law and that those who are not eligible for relief will be quickly returned,” Mayorkas told a news conference in Washington.
Some US cities are expecting to receive some migrants after they cross the border. New York City said it was receiving 500 per day and is expecting the number to increase when Title 42 expires.
Photo by Tomas Castelazo/Wikimedia Commons(CC by 2.0)


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