The Biden administration has once again come under fire for its handling of illegal immigration. This time, it’s for its proposed rule that would limit the ability of illegal immigrants to claim asylum in the United States if they have passed through other countries without claiming asylum.
Democrats and immigration activists have accused the administration of limiting asylum rights, while immigration hawks have criticized it for not going far enough.
The proposed rule would make migrants automatically presumed ineligible for asylum if they have crossed into the U.S. illegally and have failed to claim asylum in a country through which they have already traveled.
There are exemptions for unaccompanied children and for those who are able to show they were trafficked or have an “extreme and imminent” threat to life or safety.
Homeland Security Secretary Alejandro Mayorkas defended the move, stating that the United States is a nation of immigrants and laws.
He argued that the administration is strengthening the availability of legal, orderly pathways for migrants to come to the United States, while proposing new consequences on those who fail to use processes made available to them by the United States and its regional partners.
However, immigrant activists and some Democrats have refused to accept any limitation of the right to claim asylum in the U.S. – even for those who have refused to use legal pathways and those who have crossed through countries without seeking refuge there. They quickly compared the proposed rule to a Trump-era transit ban that was struck down in the courts.
The move was also met with disappointment by some Democrats in the Senate, who argued that it perpetuates the harmful myth that asylum seekers are a threat to the nation.
Immigration activists were even more critical, tying the proposed rule to the Trump-era limits and threatening to sue if the administration goes through with a transit ban.
On the other hand, immigration hawks have criticized the move, arguing that it’s just “smoke and mirrors” and that it won’t stop illegal border crossers from claiming asylum. Former acting DHS Secretary Chad Wolf suggested that the move was long overdue.
Ultimately, the proposed rule is a necessary step in ensuring that the United States maintains control over its borders and upholds its laws. As Secretary Mayorkas said, individuals who are provided a safe, orderly, and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry.
The Biden administration is committed to expanding legal asylum pathways and protecting vulnerable migrants, but it also has a duty to protect American citizens and uphold the rule of law. The proposed rule strikes the right balance and is a positive step forward in addressing the ongoing crisis at the southern border.