Biden Administration Cements Harmful Asylum Restrictions

The Biden administration has finalized new federal rules that fortify restrictive asylum policies. The move has engendered powerful pushback from immigration advocates, including the American Immigration Lawyers Association (AILA). Initially implemented as temporary rules, these regulations codify, for the first time, asylum restrictions that prohibit the granting of protection to people who enter the United States anywhere other than an official port of entry. Part of what transpired represents an attempt to manage the border crossings, but it has come at the expense of the vulnerable segment of the population in need of refuge.
AILA, through its President Kelli Stump, has also addressed the alarming impact of such policies on behalf of those affected, with observations that they are undercutting humanitarian protection guaranteed under U.S. asylum law. The failure to carve out exceptions for especially vulnerable groups like children and families is perhaps one of the more sensitive issues. Despite assurances by the Biden administration that it would provide avenues for such individuals, AILA maintains that very few exceptions are granted, and many others have been left without the possibility of asylum.
The other critical aspect of the new codified rules is the time allocated to asylum seekers in having their case presented before legal counsel. These rules allow only four hours for the detainees to consult with a lawyer before they are taken into court to plead their case, a greatly diminished chance of success for the case at hand. AILA identifies this as one of the serious impediments to due process, one of the sacred cows of American jurisdictions. Many asylum seekers have gone to court in great disfavor without proper legal advice.
Besides these various procedural challenges, appointments at the border remain woefully insufficient to meet demand, despite the latest increase in appointment availability through the CBP One app. Indeed, 1,450 appointments are processed each day, which is only a small fraction of what is required, leaving far more in perilous conditions on the border. The administration's handling of appointments at the border has also come under fire amid five-figure waitlists for asylum seekers-many of whom remain in limbo without access to the legal channels their U.S. law promises.
The codified policy will retain asylum restrictions until the number of border encounters falls below a threshold level for a sustained period. Based on current conditions, AILA believes those restrictions will remain in place indefinitely. "Such an approach by the Administration is a disservice to values such as justice and fairness that this country is built upon," said AILA's Executive Director, Ben Johnson. He calls on all policymakers to think twice about such restrictions and give way to real access to legal protection for those who flee persecution.
The new asylum restrictions have opened a debate on the balance between border security and humanitarian protection. While the administration maintains these policies are necessary to manage border encounters, critics counter that the U.S. cannot abandon its obligation to provide refuge for some of the world's most vulnerable populations. AILA will continue to fight for immigration policies that are fair and respect human rights and fall within the arc of American values and international human rights norms.