Biden Enacts Broad Asylum Ban Ahead of November Elections, Targeting Illegal Border Crossings

On Tuesday, June 4th, U.S. President Joe Biden introduced a comprehensive asylum ban targeting migrants who cross the U.S.-Mexico border illegally. This significant enforcement action comes ahead of the November elections, which will determine control of the White House.

The new measure, effective just after midnight, allows for the quick deportation or return of migrants to Mexico, with exceptions for unaccompanied minors, individuals facing serious medical or safety threats, and trafficking victims, according to the U.S. Department of Homeland Security.

Biden has adopted a tougher stance on border security as immigration becomes a key issue for Americans before the November 5 elections. He faces Republican Donald Trump, who focused on strict immigration policies during his presidency and has promised extensive crackdowns if reelected.

Upon taking office in 2021, Biden aimed to reverse some of Trump’s restrictive immigration policies but faced unprecedented numbers of migrants crossing illegally. This surge has overwhelmed U.S. border authorities and the cities receiving these arrivals.

In a White House press conference, Biden clarified that asylum access would remain for those who schedule an appointment via the CBP One app or use other legal entry methods. “This action will help us gain control of our border and restore order to the process,” Biden stated. “The ban will stay until illegal entry numbers drop to manageable levels.”

Despite implementing new restrictions, Biden criticized Trump’s more controversial policies, such as separating migrant families and derogatory comments about illegal immigrants. “I will never demonize immigrants,” Biden asserted.

The new ban activates when the weekly average of border arrests exceeds 2,500 daily. Current figures surpass this threshold, officials said anonymously during a press call. In April, U.S. border arrests averaged 4,300 per day.

The ban will be suspended when arrests fall below an average of 1,500 per day for three weeks, a level last seen in July 2020 during the early COVID-19 pandemic when global travel was minimal. Questions remain about the ban’s execution, including rapid deportations and the acceptance of non-Mexican migrants by Mexico.

Resembling policies from Trump’s era, the new restrictions use a legal statute known as 212(f), which Trump employed for travel bans on several majority-Muslim and other countries. Criticism came from both political sides, with Lee Gelernt of the American Civil Liberties Union announcing intentions to sue over the restrictions. Immigrant advocacy groups have condemned Biden for adopting Trump-like measures and neglecting U.S. asylum obligations.

Ahead of the announcement, Trump’s campaign criticized Biden for high illegal immigration levels, arguing that exempting unaccompanied minors could encourage child trafficking. Republicans also labeled Biden’s actions as politically driven and inadequate.

For months, Biden has unsuccessfully pushed for a Senate bill to strengthen border security, crafted by a bipartisan group but rejected by Republicans after Trump opposed it. Besides the latest measure, Biden’s administration has toughened the asylum process over the past year, including a May 2023 regulation that raised the initial asylum claim standards.

Recently, the number of migrants caught crossing the U.S.-Mexico border has decreased, partly due to increased Mexican enforcement. Claudia Sheinbaum’s election as Mexico’s first female president, taking office on October 1, may add pressure to maintain low illegal border crossings.

In a Tuesday phone call, Biden thanked outgoing President Andres Manuel Lopez Obrador for his ongoing cooperation on immigration. Lopez Obrador, in his daily press conference, said both countries “have been making good progress” on this issue.

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