Biden administration rolls out new asylum restrictions

On February 21st, 2023, the Biden Administration announced new restrictions on asylum eligibility for migrants arriving at the U.S. border.  Under this proposed rule, asylum seekers who cross the southwest border of the U.S. without authorization and “without having (1) availed themselves of existing lawful processes, (2) presented at a port of entry in compliance with the rule’s requirements, or (3) been denied asylum in a third country through which they traveled, would be presumed ineligible for asylum unless they meet certain limited exceptions.”  Applicants who are unable to show a valid claim to protection under the rule will be subject to prompt removal and may be subject to a five-year bar to reentry.  The Department of Homeland Security’s fact sheet on the proposed rule can be found here. 

The proposed rule will be posted in the Federal Register for a 30-day public comment period and will likely take effect in May, when a pandemic-era border restriction, known as Title 42’s pandemic related border restrictions are set to expire on May 11th.  This new rule is expected to remain in effect for two years.