Biden Administration Toughens Asylum Access at the Border, Secretary Mayorkas Defends New Restrictions
ICARO Media Group
In an interview with ABC News' "This Week" on Sunday, Secretary of Homeland Security Alejandro Mayorkas defended the Biden administration's new asylum restrictions and consequences for migrants who cross the border illegally. The administration aims to change the risk calculation for individuals before they leave their countries of origin and encourage them to use lawful pathways, thus deterring them from falling into the hands of exploitative smugglers.
Administration officials reported that the number of people in processing for expedited removal from the border has more than doubled since President Biden issued the proclamation to significantly curb asylum for illegal border crossers in the southwest.
Under the new executive actions announced last week, migrants who cross the border illegally between ports of entry and try to claim asylum after seven consecutive days averaging 2,500 encounters or more will be turned away. This limit can only be lifted if the seven-day average drops to 1,500 or less. Prior to this policy change, approximately 900 people were put in expedited removal proceedings on average per day.
Secretary Mayorkas acknowledged the possibility that it might take time for the number of illegal crossings to reduce. However, he expressed optimism, stating that "the signs are positive" so far.
When questioned about the timing of this executive action coming four months after Senate Republicans blocked a bipartisan border and immigration bill, Mayorkas explained that the administration implemented a new asylum policy in May 2023, following the end of COVID-19 migrant restrictions known as Title 42. He highlighted the administration's efforts to seek congressional action to resource the Department of Homeland Security but noted that the bipartisan deal was rejected twice before developing the current strategy.
Mayorkas emphasized that the lifting of Title 42 restrictions in 2023 did not result in the expected pandemonium. However, the number of Border Patrol apprehensions rose again, reaching a record high of nearly a quarter million by December.
The Department of Homeland Security has taken steps to inform migrants of their rights to report victimization or fear of persecution. Authorities are trained to identify distress signals and are prepared to intervene if necessary. However, migrants will be required to express their fear of persecution independently.
The new measures aim to speed up the process for individuals who do not demonstrate a credible fear, which is the threshold for establishing an asylum claim in the United States. Mexico continues to cooperate in taking back migrants from Cuba, Haiti, Nicaragua, and Venezuela, but repatriation to their home countries remains a priority whenever possible.
During the 2020 presidential campaign, President Biden criticized former President Trump's efforts to restrict the asylum process. Mayorkas rejected the notion that the current administration's stance is contradictory, highlighting the access to asylum through ports of entry and the parole program for individuals from certain countries.
The American Civil Liberties Union (ACLU) has expressed concerns about the new policy, with plans to sue the administration. Mayorkas, however, affirmed the legality of the measures and stood by their efficacy.
The executive action allows for narrow exceptions. Individuals crossing illegally will generally be considered ineligible for asylum unless they are victims of severe human trafficking, experiencing a medical emergency, or facing imminent and extreme safety threats.