The Biden administration announced on September 30th that it is implementing even stricter asylum restrictions at the southern border, aiming to reassure voters concerned about immigration and border security. These new measures, which toughen policies introduced in June, further limit access to asylum when officials consider the border overwhelmed by migrants.
Previously, the U.S. could limit asylum applications when the number of daily border crossings reached 2,500. The restrictions would only be lifted if the average dropped below 1,500 daily for a week. Under the new rules, the daily average must remain below 1,500 for nearly a month before the restrictions can be lifted. Additionally, all children crossing the border are now counted toward this threshold, not just Mexican minors, as was the case before.
These stricter rules, which took effect on October 1st, will make it harder for people entering the U.S. between official border crossings to eventually apply for asylum. However, the previous June restrictions have never been lifted since border numbers haven’t stayed low enough for a long enough period, raising questions about why the administration felt the need to make them even tougher now. The Department of Homeland Security (DHS) reported that recent daily border encounters have averaged around 1,800.
Immigration advocates have strongly criticized the earlier restrictions, arguing that they undermine essential protections for those fleeing persecution. The American Civil Liberties Union (ACLU) and other organizations are challenging the policy in court, claiming it closely mirrors a similar Trump administration rule that was struck down. These groups argue that U.S. law guarantees due process for those who cross the border with credible fears of harm or persecution.
On social media, the ACLU voiced opposition, stating, “Asylum law recognizes that those fleeing danger should not be forced to wait for an appointment to seek safety. This rule is not only immoral but illegal.”
The DHS, in announcing the revised rules, urged Congress to address the broader immigration challenges facing the country. Border security remains a critical vulnerability for the Biden administration and the Democratic presidential nominee, Kamala Harris.
Republicans, including their presidential nominee Donald Trump, have continuously criticized the administration for high numbers of border crossings, arguing that not enough has been done to secure the border and limit migration. Harris, during a September 27th visit to a border region in Arizona—her first since becoming the nominee—called for stricter asylum rules while advocating for legal pathways for immigrants.
Despite these restrictions, some exceptions remain, such as for victims of severe trafficking, who can still apply for asylum. Additionally, migrants using the CBP One appointment app can schedule an interview at an official border crossing. However, the demand for these appointments far exceeds the 1,450 available daily, and there has been no indication from the administration that this number will be increased.
