Joe Biden’s ‘Title 42’ transition faces roadblocks, immigration advocates say new asylum bars violate laws


The Biden administration on Friday started the implementation of a significant policy shift at the US-Mexico border. Starting May 13, Title 42, a COVID-era order that had allowed the swift expulsion of many migrants expired, and new asylum restrictions took effect.

As per Reuters, adding to the confusion and uncertainty, were several last-minute actions. These legal challenges have added to the questions about how Biden’s new strategy will play out.

The end of Title 42, a three-year-old order that allowed American authorities to expel migrants to Mexico or other countries quickly without a chance to request asylum, has raised concerns that US border facilities could be strained to the breaking point.

Officials are reportedly keeping a close eye on the movement of migrants.

US Department of Homeland Security (DHS) official Blas Nunez-Neto told reporters on Friday that they “continue to encounter high levels of non-citizens at the border, but we did not see a substantial increase overnight or an influx at midnight (when Title 42 expired).”

New asylum restrictions put in place by President Joe Biden’s administration to curb illegal crossings were met with criticism from immigration advocates. 

Advocates represented by the American Civil Liberties Union filed a legal challenge against the new asylum bars, claiming they violate US and international laws.

They argue that Biden’s new legislation resembles the restrictions imposed by his predecessor Donald Trump — these were blocked in the court.

However, US Homeland Security Secretary Alejandro Mayorkas defended the Biden regulation. Talking to MSNBC, he said it aims to encourage migrants to enter using legal pathways.

“It’s going to be a tough transition,” he added.

Along with immigration advocates, a few Democrat legislators also say that Biden’s new regulation is too harsh and that it counters previous statements the US President made in 2020 on the campaign trail when he said he thought it was “wrong” for people not to be able to seek asylum on American soil

Biden’s new measures, as per ABC News, have stopped short of imposing a total ban and instead, put in place severe limitations for those seeking to cross illegally without first opting for legal routes.

(With inputs from agencies)

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