Biden's Asylum Restrictions Yield Steep Drop in Border Numbers, Raising Concerns for Migrant Activists

ICARO Media Group
Politics
25/08/2024 18h46

In a move that has both fulfilled President Biden's goals and sparked criticism from migrant activists, the sweeping restrictions on asylum at the U.S.-Mexico border have led to a significant decrease in the number of people seeking refuge in the United States. According to recent figures released by the Department of Homeland Security, asylum requests have dropped by 50 percent since June. While the Biden administration emphasizes the increased efficiency of border agents and the calming of hot spots along the border, critics argue that the restrictions are preventing individuals with legitimate claims from having their cases heard.

The decline in border numbers could potentially challenge the Biden administration's vulnerabilities, especially as Vice President Kamala Harris faces attacks from Republican opponents. However, migrant activists assert that the executive order implemented by President Biden is impacting too many individuals, including those who should be allowed to present their asylum claims under the new rules. The decrease in numbers is partially attributed to a less noticed provision in the policy, which altered how migrants are treated upon their initial arrival at the border.

Under the new rules, border agents are no longer required to inquire about migrants' fears for their lives if they were to be returned to their home countries. Unless migrants spontaneously express such fears, they undergo swift deportation processing. It remains challenging to determine how many people with legitimate claims are being turned away due to their unfamiliarity with the concept of "manifestation of fear." Critics argue that this policy unfairly affects desperate individuals who are unaware of how to seek help in the United States.

Lee Gelernt, lead attorney for the American Civil Liberties Union, which has taken legal action to challenge the policy in federal court, expressed concern over the government's knowledge of the manifestation standard potentially resulting in valid asylum claims being denied even a screening for danger. Gelernt stated that this standard would endanger migrants and send them back to grave danger, emphasizing the government's awareness of the consequences.

President Biden's executive order represents a significant departure from the traditional American promise of providing refuge to people worldwide who no longer feel safe in their home countries. The order mandates that only individuals who enter the country at an official port of entry with a scheduled appointment can be considered for asylum at the southern border. Limited exceptions exist for unaccompanied children, victims of human trafficking, and those facing severe medical emergencies or threats to their lives.

Previously, migrants would cross the border illegally and seek out border agents for protection, knowing that setting foot on U.S. soil allowed them to request asylum. Following the implementation of President Biden's order, the majority of migrants are now swiftly turned back. The administration believes that the new screening process is fairer, as migrants are more likely to express fear if prompted with a question. Border agents are instructed to identify any signs of fear, such as crying or shaking, rather than asking direct questions. Signs and videos in detention facilities notify migrants of their ability to express their fear of deportation to an officer.

An anonymous administration official defended the new rules, stating that they enable the agency to focus on migrants with more credible claims. The official noted that over 1,000 migrants daily can schedule appointments to claim asylum at official ports of entry, ensuring a pathway for those seeking refuge.

Matthew Hudak, former deputy chief of the U.S. Border Patrol, described the change as a "game changer," emphasizing the significance of border agents no longer being required to inquire about fear. This alteration distinguishes between committing a crime and going through legal procedures.

While President Biden's executive order is not the sole reason for the decrease in numbers, heightened enforcement by Mexico has intercepted migrants en route to the border. Additionally, illegal crossings typically decrease following major policy changes and then rise again as migrants adapt to the new rules.

Despite broader factors at play, the impact of the restrictions on asylum seekers is evident. The number of people crossing into the United States has drastically declined since the implementation of these restrictions. In July, illegal crossings numbered approximately 56,000, the lowest monthly figure under the Biden administration. In contrast, December alone saw 250,000 illegal crossings. The reduction in people seeking asylum has also been steep. While precise figures were not provided by the Department of Homeland Security, they stated in a recent court filing that asylum requests had decreased by more than 50 percent.

Migrant advocacy groups such as Human Rights First and Kino Border Initiative reported that 75 percent of migrants at a shelter in Nogales, Mexico, claimed they were turned back by border agents who disregarded their claims or did not afford them the opportunity to raise them.

Deyvis, a 24-year-old Colombian man, shared his experience crossing the border with his wife in early July due to targeting as members of an Indigenous community. Deyvis attempted to discuss his circumstances with border agents, citing signs in the detention facility that mentioned the option of seeking protection. However, his pleas were dismissed, and he was swiftly deported back to Colombia, where he now lives in hiding out of fear for his safety.

As the debate over President Biden's asylum restrictions ensues, the impact on individuals in need of refuge and the fairness of the new screening process remain contentious issues.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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