The Biden administration has recently introduced a new rule that would allow officials to remove certain illegal immigrants considered a public safety or national security threat much earlier in the asylum process. This rule would allow for statutory denials to asylum to be applied at the initial screening process, which typically occurs within days of an individual arriving at the border. It would specifically target those considered a risk to national security or public safety, such as terrorists. The administration believes that this rule will enhance border security and save taxpayer money, although it is expected to only impact a small population of immigrants.
In addition to this new rule, the administration has also revised guidance that allows asylum officers to consider whether an asylum seeker could relocate to a different area within their home country instead of seeking asylum in the United States. This is part of the administration’s efforts to make changes to what it views as a broken immigration system. However, the administration acknowledges that significant changes can only come from congressional action, and Secretary of Homeland Security Alejandro Mayorkas emphasized the need for legislative solutions to fix the overall immigration system.
The Biden administration’s broader asylum rule from last year made illegal immigrants ineligible for asylum if they had crossed through multiple countries without claiming asylum. While the impact of this rule is unclear, it may have contributed to a recent drop in border encounters after reaching a record high in December. Despite these efforts, Republican critics have accused the administration of rolling back Trump-era policies and implementing so-called “open border” policies. House Homeland Security Committee Chairman Mark Green criticized the new rule as an inadequate response to the problems created by the administration.
The administration has denied claims of supporting an open border and has highlighted the number of removals and returns of illegal immigrants since May 2023 as evidence of its commitment to enforcing immigration laws. While some critics remain skeptical of the effectiveness of the new rule, the administration maintains that it is part of ongoing efforts to ensure the safety of the American public by swiftly identifying and removing individuals who pose security risks and have no legal basis to remain in the country. Moving forward, the administration is expected to continue implementing measures to address key immigration issues while advocating for comprehensive legislative reforms.
