On May 11, 2023, the Biden administration enacted a controversial rule, limiting asylum access at the U.S.-Mexico border. This move assumes most illegal migrants entering through southwest land or adjacent coastal borders are ineligible for asylum, except for specific cases.
Exceptions include migrants fleeing persecution or torture, facing extreme hardship or credible fear of persecution if returned home. To qualify, migrants must enter through designated ports, lack reasonable asylum opportunities in a third country, and not be barred due to serious crimes.
However, human rights groups criticized the new regulation, arguing it hampers asylum seekers’ access to protection. The Biden administration justified the rule, stating it serves as a deterrent to illegal immigration. Nonetheless, on July 25, 2023, a California federal judge blocked the rule, deeming it unlawful, leading to an appeal by the administration.
The revised asylum policy marks a significant shift from the previous one, potentially impacting the number of asylum seekers granted protection in the US. Key changes involve presuming illegal border-crossers as ineligible for asylum, with limited exceptions for those fleeing persecution or torture.
Migrants unable to challenge the presumption will be denied asylum. The ongoing court challenge creates uncertainty about the rule’s implementation, further complicating asylum seekers’ access to protection in the US.
