In a sweeping new enforcement effort, the Biden administration announced harsh new restrictions on Tuesday that could deny many migrants crossing the U.S.-Mexico border illegally the chance to claim asylum. The measures allow for the rapid deportation or expulsion to Mexico of those who cross unlawfully, with limited exceptions.
The moves represent a significant toughening of Biden’s approach to border security as the president faces mounting political pressure over record levels of illegal crossings. With immigration emerging as a top issue for voters ahead of the 2024 election, Biden is taking steps to deter migrants that mirror some of the hardline policies of his predecessor Donald Trump.
Under the new rules, migrants caught crossing illegally could be swiftly deported or turned back to Mexico without being allowed to seek asylum, unless they qualify for limited carve-outs like being an unaccompanied minor or victim of trafficking. The restrictions will kick in whenever the weekly average of border arrests exceeds 2,500 per day, and be paused if they drop below 1,500.
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The measures “will significantly increase consequences for those who cross the southern border unlawfully,” a senior administration official told reporters, speaking anonymously. Key operational details remain unclear, including how the U.S. will deport migrants from non-Mexican nations and how many non-Mexicans Mexico will accept.
The new asylum curbs rely on the same legal authority used for Trump’s travel bans from several Muslim-majority countries. They are expected to face swift legal challenges from immigration advocates who accuse Biden of adopting Trump-like policies at odds with U.S. obligations to asylum seekers.
Trump’s campaign wasted no time criticizing the move, saying the exemption for unaccompanied minors could encourage child trafficking. The former president has vowed an even wider crackdown if re-elected in 2024.
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