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The Biden administration is planning to announce a new asylum regulation that would allow officials to remove some illegal immigrants earlier in the asylum process, targeting those who pose national security or public safety threats. This regulation would apply bars to eligibility for those claiming asylum at the initial screening stage at the border, instead of during the interview stage. It is unclear to what extent this rule would change the situation at the border, as it would likely only apply to those who are screened for an asylum claim. The Biden administration previously implemented a broader asylum rule that made illegal immigrants ineligible for asylum if they had crossed multiple countries without claiming asylum, which led to a record number of border crossings in December, although numbers have since decreased.

The new asylum regulation would be far short of the sweeping changes proposed by the Biden administration. The administration has called on Congress to provide additional funding and has introduced a sweeping immigration reform bill to address what it calls a “broken” system. Additionally, the administration has called for the passage of a bipartisan border agreement that would provide funding and implement an expulsion mechanism if encounters at the border rose above a certain threshold. Republicans have argued that the Biden administration could solve the crisis by ending its current policies and re-implementing Trump-era policies, such as border wall construction and increased interior enforcement.

House Homeland Security Committee Chairman Mark Green criticized the proposed asylum rule as an “unserious, politically motivated attempt” that would not address the millions of illegitimate asylum claims being filed by economic migrants. Green downplayed the effectiveness of the rule, stating that it would only apply to illegal aliens believed to be a threat to national security or public safety. He argued that the administration’s vetting process for migrants crossing the border is ineffective, and that nothing will change under the new rule.

The Biden administration is also reportedly considering the use of a law known as 212(f), which allows the president to suspend the entry of foreign nationals if it is deemed not in the best interest of the country. Republicans have urged the administration to re-implement Trump-era policies, such as the Remain-in-Mexico policy and increased interior enforcement, to address the border crisis. Democrats in the House have passed their own border security package, but it has not made progress in the Senate. Republicans argue that the Biden administration must take action to address the crisis at the border.

Overall, the new asylum regulation announced by the Biden administration is aimed at allowing officials to remove some illegal immigrants earlier in the asylum process, specifically targeting those who pose a national security or public safety threat. This rule is part of the administration’s broader efforts to address the border crisis and reform the immigration system. Critics, however, argue that the rule does not go far enough to address the millions of illegitimate asylum claims being filed and that more comprehensive action is needed to address the root causes of the crisis at the border.

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