President Joe Biden’s administration is proposing a new rule regarding asylum seekers that critics say resembles a policy of his predecessor.
The Department of Homeland Security and the Department of Justice proposed a rule which would prohibit migrants from applying for asylum if they entered the U.S. illegally or if they did not apply for asylum in other countries first.
It will have to undergo a 30-day public comment period, and then the rule will be implemented on May 11 — the date Title 42 is expected to expire.
The administration’s proposed rule has an interesting end date: it would expire in two years or after the 2024 presidential election.
Politico notes the policy is the “White House’s most restrictive border control measure to date and essentially will serve as its policy solution to the long-awaited end of Title 42.”
Title 42 is a public health order implemented by former President Donald Trump’s administration during COVID-19. It allowed officials to deport migrants quickly. However, it is set to expire on May 11, and officials have predicted it could lead to a surge in border crossings.
The Hill points out the new asylum rule is “designed to stem the flow of migration throughout Central America and would largely limit asylees to seeking protection in neighboring countries.”
And one administration official did not seem too thrilled about it, telling reporters, “To be clear, this was not our first preference or even our second.”
It did not take long for the administration to face criticism from immigration advocates and Democrats.
In a statement, Reps. Jerrold Nadler (D-N.Y.) and Pramila Jayapal (D-Wash.) said they were “disappointed” by the move.
“The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them,” the statement read.
It added, “Last month, we saw the positive impact new legal pathways can have on irregular migration. We hope the Biden administration will reconsider much of this proposed rule.”
The latest proposal comes after Biden announced a series of new immigration measures in January. After those policies were announced, the number of border crossings dropped 40% in January from December.
Perhaps it took two years for the administration to develop this new asylum rule. Although, it is not as though the immigration issue was a secret, and they had no time to plan or study such a rule.
And its two-year shelf life is interesting. As it stands, it would live on through the 2024 election and potentially help to curb the number of illegal border crossings at a time when Biden would likely be most vulnerable to criticism of his handling of the border.
Biden has faced criticism during his time in office for his handling of the border and accusations he has neglected immigration issues. So while he may be preparing to run for re-election, what better way to help fend off those attacks than to roll out a new rule seeking to limit illegal border crossings that would just so happen to coincide with the campaign season?