U.S. seeks to limit asylum to migrants denied in 3rd country, mirroring Trump effort – National

The United States could bar tens of thousands of migrants arriving at the U.S.-Mexico border from claiming asylum under a proposal announced Tuesday.

Under the new rules, immigrants who do not plan to make reservations at U.S. border ports of entry or use humanitarian programs available to certain nationalities will not be eligible for asylum except in certain cases. is not. Also, to be able to apply for asylum in the United States, you must first seek and be denied asylum in a transit country.

Reuters first reported details of the measures. Posted online on Tuesday Subject to a 30-day public comment period before being reviewed for final publication.

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Biden, who will take office in 2021 and seek re-election in 2024, initially promised to restore access to asylum that had been restricted under his Republican predecessor, President Donald Trump. But his supporters and some Democrats have criticized him for increasingly embracing Trump-style restrictions as he struggles to cope with the arrival of record numbers of immigrants. .

Biden’s plan to ban certain asylum seekers mirrors similar efforts under Trump, which were blocked by federal court and drew similar opposition.

The American Civil Liberties Union (ACLU) has vowed to challenge Biden’s rule in court, comparing it to Trump’s restrictions, which activists have dubbed a “no-pass.”

ACLU attorney Lee Gellert, who argued the Trump-era lawsuit, said: “We have sued successfully to block Trump’s embargo and will do so again if the Biden administration follows through on its plans.” Stated.

Click to play video: 'Biden restricts Cubans, Haitians and Nicaraguans illegally crossing U.S. borders'

Biden restricts Cubans, Haitians, Nicaraguans illegally crossing US borders

According to regulations jointly issued by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), family and single adults are subject to restrictions and unaccompanied minors are exempt. This measure is temporary and will be limited to her two years and may be extended.

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Karen Mussaro, director of the Center for Gender and Refugee Studies at the University of California, San Francisco School of Law, said Biden’s proposal ignores the dangerous conditions and limited capacity of transit countries where immigrants seek protection.

“This is a terrible example of an attempt to ignore national and international legal obligations,” she said.

The Biden administration last year began discussing bans and other Trump-style measures as a way to reduce illegal crossings once COVID-era restrictions that allow many immigrants to be deported back to Mexico end. The government is pushing tougher asylum rules as the COVID restrictions, known as Title 42, will likely end on May 11, when the COVID-19 public health emergency ends.

After the lifting of Title 42, “absent meaningful policy changes, border encounters could increase, potentially dramatically,” the text of the proposed rule said. We estimate that it could reach up to 13,000 per day without COVID restrictions. The January average is about 5,000.

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A senior Biden administration official, who spoke on condition of anonymity, told reporters the rule was “intended to fill the void left by Congress without taking any action,” and said it would seek to overhaul immigration laws, He said it was aimed at increasing security funds.

Mexican authorities did not respond to requests for comment.

Biden extended Title 42 in January to expel additional nationalities while allowing some people from those countries legal entry by air via humanitarian parole if they had U.S. sponsorship. The parole program will cover up to 30,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela each month, providing legal means to help asylum seekers circumvent the proposed restrictions. will be one.

Separately, migrants seeking asylum at the U.S.-Mexico border can use an app called CBP One to schedule appointments at U.S. ports of entry. But since the CBP One effort launched in his January, immigrants say the slots filled up quickly.

(Reporting by Ted Hesson, Washington; additional reporting by Kristina Cooke, San Francisco; Daina Solomon, Mexico City; Kanishka Singh, Washington; editing by Mica Rosenberg, Matthew Lewis, Andrea Ricci, and Deepa Babington)

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