El Paso, United States.- The Biden Administration could bar tens of thousands of migrants arriving at the US-Mexico border from applying for asylum if they pass through another country on their way to the United States without seeking protection, under a proposed regulation Tuesday.
Five sources told Reuters that the proposed restrictions, which are intended to discourage people from crossing the border without authorization, will be subject to a 30-day public comment period and then reviewed before final publication.
President Joe Biden, a Democrat expected to seek re-election in 2024, has struggled operationally and politically to address the record number of migrants caught crossing the border since he took office two years ago.
While Biden initially pledged to restore access to asylum that was restricted by former Republican President Donald Trump, he has increasingly embraced the restrictions.
Biden’s plan to bar entry to certain asylum seekers mirrors similar efforts under Trump that were blocked by federal courts.
Under the proposed regulation, migrants who do not use existing legal pathways to the United States or seek protection in transit would be subject to “a rebuttable presumption of ineligibility for asylum” unless they qualify for certain exceptions.
The regulation is likely to face legal challenges from migrant rights groups if it goes into effect.
The Biden Administration began discussing the ban and other Trump-style measures last year as a way to reduce illegal crossings if Covid-era restrictions that allowed many migrants to be expelled to Mexico were ended.
The government is moving forward with tougher asylum rules as the Covid restrictions, known as Title 42, are likely to expire on May 11 when the public health emergency ends.
“To be clear: This was not our first preference, nor our second,” said a source familiar with the planning, adding that migrants can apply for asylum and other legal avenues to enter from abroad and that the White House is urging the Congress to approve comprehensive measures.
