The Biden administration said Tuesday that it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through, mirroring an attempt by the Trump administration that never took effect because it was blocked in court.
The measure, while stopping short of a total ban, imposes severe limitations on asylum for any nationality except Mexicans, who don’t have to travel through a third country to reach the U.S.
The measure is almost certain to face legal challenges. President Donald Trump pursued a similar ban in 2019 but a federal appeals court prevented it from taking effect.
The Biden administration rule proposed Tuesday has to first go through a 30-day public comment period before it can be formally adopted. If adopted it would remain in place for two years.
Administration officials expect the rule will take effect when a pandemic-era rule that denies asylum on grounds of preventing the spread of COVID-19 ends. That rule, known as Title 42 authority, is set to expire May 11 but has been delayed twice by legal challenges from Republican-led states.
The Homeland Security and Justice Departments argued that surging numbers of migrants left them little choice. They anticipate illegal crossings to climb to between 11,000 and 13,000 a day if no action is taken after Title 42 ends; that’s even higher than the 8,600 daily crossings in mid-December as anticipation spread among migrants and smugglers that Title 42 was about to end. At the last minute the Supreme Court kept it in place.
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