The Biden administration said Tuesday that it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through.
Migrants wait to be processed after crossing the border on Jan. 6, 2023, near Yuma, Ariz.
The Biden administration rule proposed Tuesday has to first go through a 30-day public comment period before it can be formally adopted. If adopted it would remain in place for two years.Administration officials expect the rule will take effect when a pandemic-era rule that denies asylum on grounds of preventing the spread of COVID-19 ends. That rule, known as Title 42 authority, is set to expire May 11 but has been delayed twice by legal challenges from Republican-led states.
The rule largely calls on prospective migrants to follow legal pathways to apply for asylum such as using the CBP One app, through which prospective migrants can schedule an appointment to apply to appear at a border entry point to apply for asylum. The administration portrayed these efforts as a way to protect migrants from the dangerous journeys as they travel north to the U.S. and allow the U.S. border entry points to manage the migrant flows in a “safe and efficient manner.
The rule was first mentioned in early January as part of a wider announcement by the administration to let in 30,000 migrants a month from four countries — Haiti, Venezuela, Cuba and Nicaragua — provided they apply to come to the U.S. and don’t just arrive at the border. In the ensuing weeks, the administration said migrant encounters from those countries plummeted, and they’ve hailed it as a model for dealing with immigration.
Anu Joshi of the American Civil Liberties Union, which litigated many of the challenges to Trump’s immigration restrictions, sharply criticized the rule, saying it was simply revisiting Trump’s asylum ban. Costa Rica, a country of only 5 million residents, trailed only the United States, Germany and Mexico in the number of asylum applications it received in 2021. In December, President Rodrigo Chaves decreed changes to the asylum system, alleging that it was being abused by economic migrants.Most of those seeking asylum in Costa Rica in recent years are Nicaraguans fleeing repression in that country. In 2012, Costa Rica received barely 900 asylum applications.
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