The Biden administration is set to unveil a new regulation aimed at granting immigration officials the authority to deport migrants ineligible for U.S. asylum at an earlier stage in the process, according to sources familiar with internal plans speaking to CBS News.
Expected to be announced as early as Thursday, the regulation from the Department of Homeland Security targets migrants seeking asylum after crossing the U.S.-Mexico border illegally. These sources, who requested anonymity, revealed that the regulation would instruct government asylum officers to apply certain existing barriers to asylum during credible fear interviews, the initial step in the asylum process. Passing these interviews permits individuals to pursue asylum before an immigration judge, while failing them can result in expedited deportation.
Under U.S. law, migrants ineligible for asylum may include those posing threats to public safety or national security. The new rule would enable officials to swiftly reject and deport migrants falling into these categories shortly after crossing the border.
While relatively narrow in scope, this regulation signifies one of several measures the Biden administration is considering to limit access to the U.S. asylum system amidst a surge in applications in recent years, largely driven by illegal border crossings.
Representatives for the Department of Homeland Security and the White House did not immediately respond to requests for comment.
Additionally, President Biden is contemplating utilizing a broad presidential authority, known as 212(f), to implement a more comprehensive asylum restriction prior to the November election, according to sources familiar with the discussions. This authority permits presidents to suspend the entry of migrants deemed detrimental to U.S. interests. Former President Donald Trump previously invoked this law to justify various immigration restrictions, including a travel ban affecting predominantly Muslim countries.
Despite not affecting large numbers of migrants, the forthcoming regulation underscores a policy shift by President Biden, who initially pledged to “restore” the U.S. asylum system. However, amid record levels of migrant apprehensions along the southern border in recent years, coupled with political backlash, the Biden administration has introduced and considered more restrictive asylum measures.
Last year, the administration introduced a regulation disqualifying migrants from asylum if they enter the U.S. illegally after failing to seek humanitarian protection in a third country, such as Mexico. Alongside this restriction, the administration has expanded legal channels for prospective migrants to enter the U.S., including a phone application enabling migrants in Mexico to schedule processing times at official border crossings, and a program allowing some migrants with American sponsors to fly to the U.S.
Following a peak in December, migrant crossings along the southern border have declined by over 40% this year. In April, illegal crossings decreased to approximately 129,000, marking the second consecutive monthly drop, as per internal Border Patrol data obtained by CBS News.
U.S. officials attribute the significant reduction in migration to increased deportations and intensified efforts by Mexico to prevent migrants from reaching the American border. Texas state officials also attribute the decline in crossings to their initiatives, including the installation of miles of razor wire along certain border stretches.