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Biden Administration Weighs Expansion of Asylum Rules

The Biden administration is considering revisions that would extend the tight asylum restrictions it imposed on the U.S.-Mexico border in June 2024. The revisions would lengthen the period where 28 consecutive days of fewer than 1,500 illegal crossings per day are recorded to lift the restrictions from the previous seven days. The new revisions would also include unaccompanied minors in the counts.

The new asylum rules by Biden have resulted in illegal crossings to a four-year low this July 2024. According to the administration, the policy has stabilized border security, which has become a focal point in national immigration debates. While supposed to be temporary, it has triggered outrage from several groups such as the ACLU that claimed asylum rights had been violated. The changes would cement Biden's approach to immigration in sharp contrast with his earlier promises for a more humane immigration system.

While putting in place stricter asylum measures, Biden simultaneously opened legal migration pathways, letting 30,000 migrants from selected countries into the U.S. legally each month. There's also a program that provides for 1,500 daily appointments for migrants to apply for asylum at official entry points in Mexico. The opening of legal migration pathways while putting restrictions together can be seen as an equilibrium balance between keeping border policies under control and allowing migration to flow through.

Despite outcry from immigrant advocates, Biden's policies have been successful in driving down border crossings. Changes to the asylum restrictions likely would continue that trend. The rule is under consideration as the administration moves closer to issuing a final rule via the Department of Homeland Security and the Department of Justice. Changes to Biden's asylum policy also come amid surging politicization of immigration, especially with the approach of the 2024 election.

The asylum policy debate happens against the backdrop of a looming presidential election. Democratic nominee for president and Vice President Kamala Harris has not published a comprehensive immigration plan, but her campaign suggests she would continue Biden's approach. Her opponent, Donald Trump, vows to revive his draconian immigration policy and undertake mass deportations. The southern border issue remains one of the hot critical issues for voters and policymakers alike as the election heats up.

The lively debate over Biden's asylum policy, for one, is yet to really determine what the long-term implications will be on the arc of U.S. immigration strategy and border security. This has remained an especially thorny balancing act between humanitarian concerns and border integrity within the administration's stance on immigration, and it will be a major issue in the presidential race.


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