In a move to address the United States' outdated asylum system, President Joe Biden's administration has introduced a new rule aimed at expediting the removal of certain migrants ineligible for asylum. However, analysts, immigrant rights organizations, and anti-illegal migration advocates argue that the measure will have minimal impact on the high number of unauthorized crossings at the Southern border.

Under the proposed rule announced by the Department of Homeland Security on Thursday, immigration officials at the Southern border would have the authority to promptly reject an asylum claim if the individual's criminal history is deemed to pose a threat to national security. In such cases, the person would be subject to deportation, with a determination made during the "credible fear" stage, shortly after the migrant is encountered by immigration officials. This stage is when migrants express fear of persecution, torture, or potential harm if they are sent back to their countries.

Homeland Security Secretary Alejandro Mayorkas stated that the rule is an additional step in the ongoing efforts to ensure public safety by swiftly identifying and removing individuals who pose a security risk and have no legal basis to remain in the US. However, immigration policy analysts argue that the rule will have minimal impact on the number of migrants crossing illegally and will not address the underlying factors driving mass migration.

Theresa Cardinal Brown, the director of immigration policy at the Bipartisan Policy Center, pointed out that the majority of individuals arriving at the border currently do not go through the credible fear process. Therefore, the number of people affected by this rule would be relatively small compared to the overall number of border arrivals.

Concerns have also been raised regarding how immigration officers will determine the credibility of immigrant claims. Even experienced attorneys from U.S. Immigration and Customs Enforcement struggle with assessing the severity of crimes committed by asylum-seeking migrants. Making quick determinations at the border could lead to mistakes in evaluating credible fear claims, warning Paul Hunker, former chief counsel for ICE.

The proposed rule has drawn criticism from both Republicans and immigrant rights groups. Republican opponents argue that Biden's measures are insufficient, with Texas Governor Greg Abbott describing the proposal as "feckless" and claiming it's an attempt to mask the crisis created by Biden's administration. Immigrant rights groups, such as the National Immigration Law Center, argue that the rule would curtail the due process rights of asylum-seekers and potentially result in arbitrary rejections of valid asylum claims.

While some immigrant rights advocacy groups view the rule as a positive step in addressing the backlog in the asylum system and reducing detention stays, they emphasize the need for comprehensive policy changes rather than relying solely on rules or executive orders. Jennie Murray, President and CEO of the National Immigration Forum, highlights the perplexity of Congress's inaction, which places pressure on the administration to issue rules that could face legal challenges.

The fate of the proposed rule remains uncertain. The Department of Homeland Security expects to publish the proposal on Monday, initiating a 30-day public comment period. Officials hope to implement a final rule this year. However, previous attempts to implement similar measures, such as a proposal by former President Donald Trump in 2020, were halted by federal judges, leading advocates to anticipate legal challenges to Biden's rule as well.