CNN
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The Biden administration is expected to release a new rule as soon as Tuesday that would largely bar migrants who traveled through other countries on their way to the US-Mexico border from applying for asylum in the United States, according to a source familiar with the plan, marking a departure from decades-long protocol.
The new regulation, which could affect thousands of people, is part of a patchwork of policies put in place by the administration to manage the border. It’s among the measures that have put President Joe Biden at odds with his own allies who argue that the administration’s approach is too enforcement heavy and piggybacks off Trump-era policies.
Most migrants transit through another country, if not several, on their journey to the US. The proposed asylum policy is reminiscent of a Trump-era policy that dramatically limited the ability of migrants to claim asylum in the US if they resided or traveled through other countries prior to coming to the US.
That policy had been blocked by federal courts.
Administration officials have rejected the comparison to the Trump administration and emphasized efforts to expand access to legal pathways to the US. The rule won’t take effect immediately as it is expected to be posted in the Federal Register and subject to public comment first.
The Biden policy, like the Trump-era one, has garnered wide condemnation from Democratic lawmakers and immigrant advocates. In a private meeting with Homeland Security Secretary Alejandro Mayorkas last week, Democratic Hispanic senators expressed their ongoing concerns about the rule and opposition to it, according to a source familiar with the meeting.
Members of the Congressional Hispanic Caucus had previously voiced frustration with the administration when the rule was initially announced, describing being blindsided by new border policies and the lack of engagement.
Mayorkas walked Latino senators through the regulation, according to the source, but it didn’t appear to ease concerns.
To manage the flow, the administration has leaned on a Trump-era Covid-19 restriction, known as Title 42, to turn away certain migrants encountered at the US-Mexico border. But with the clock ticking on its potential expiration and amid ongoing litigation, officials are considering other enforcement measures as tens of thousands of migrants continue to move in the Western Hemisphere.
Among the plans being considered by the administration is use of a fast-track deportation process known as “expedited removal.” While Mexico has been taking migrants under Title 42 and previously under a Trump-era border policy known as “remain in Mexico,” the plan would appear to mark the first time Mexico would take back non-Mexican deportees at a large scale. The Department of Homeland Security has denied reports of the plan.
The shifting migration patterns has put a strain on federal resources, as border authorities have encountered an increasing number of Cubans, Venezuelans and Nicaraguans. The US is largely barred from deporting migrants from those nationalities back to their home countries because of strained diplomatic relations.
The US has since begun sending migrants from Cuba, Venezuela and Nicaragua to Mexico under Title 42 and opened a separate program that allows migrants of those nationalities and Haiti to apply to legally come to the United States. Thousands of migrants have already applied.
Administration officials have credited the program for leading to a significant drop in border crossings.
