Moving from one place to another - US president tightens asylum regulations for Mexico border
American President Joe Biden tightens rules for individuals attempting to enter the US illegally from Mexico during his election campaign. These new measures, effective as of early Wednesday morning, authorize authorities to send back those who enter illegally without processing their asylum claims, except in some cases. The White House officially announced the president's decision on Tuesday. "I'm carrying out what Republicans in Congress refuse to do: I'm taking the required actions to secure our border," said Biden. The United Nations Refugee Agency (UNHCR) is unhappy with this regulation, considering it a violation of the right to asylum. Lawyers in the US have already threatened to file lawsuits.
The new regulation kicks in when the average number of daily illegal border crossings from Mexico exceeds 2500. It will be lifted once this number falls below 1500. US media quote authorities as saying there are currently more than 4000 crossings a day. Since the beginning of the fiscal year in October, there have been approximately 1.5 million "irregular encounters" at the southern border, meaning cases in which people - mostly temporarily - were arrested or deported. This number is higher than at the same time in previous years and a record high for a single month in December 2023. Authorities are struggling to process asylum applications and lack resources for new arrivals.
Critics point out Biden's apparent inability to protect the southern border. His rule now involves accelerated deportation of those crossing the border illegally. Individuals applying for asylum will now undergo more extensive checks and must demonstrate a "credible fear" of persecution or torture in their homeland. However, asylum will still be granted, but not under the same standards as other applicants. Those presenting themselves legally, e.g., applying online from outside the US, will supposedly have a fair chance, according to the government.
Biden accuses Trump of manipulating for political gain
Biden blamed former President Donald Trump, currently campaigning against him in the November election, of deliberately obstructing congressional legislative processes. "This is a highly cynical political maneuver and leaves the American people high and dry, who expect us to protect the border instead of using it as a weapon," said the Democrat. Biden would have preferred bipartisan cooperation to improve the border authorities' capacity through appropriate legislation. "But the Republicans have left me no other choice."
Exceptions from Biden's decree are expected to apply to unaccompanied children, seriously ill individuals, and victims of human trafficking. All others should either be returned to Mexico or their countries of origin. Typically, asylum seekers were allowed to remain in the country until a judicial decision was made - often unnecessarily lengthy due to infrastructure constraints.
Doubts about feasibility and criticism from both sides
Given the threshold surpassed, the measures came into effect at midnight, but several uncertainties about the viability of the ruling remained. For instance, the United States relies on cooperation with Mexico for deportations. Questions arose about whether the currently granted funds for further border security are sufficient - additional support from the federal government would have to be authorized by Congress. The legal basis for the decision was questioned: The ACLU already announced it would file a lawsuit.
Many people decide to cross through Mexico, fleeing poverty, violence, and political crises in their countries, and hoping for a better life in the United States. According to the United Nations International Organization for Migration (IOM), this is the deadliest migration route in the world. Hundreds die annually from dehydration, heatstroke, and other dangers along the lengthy and treacherous journey northward. The actual number is likely much higher.
Dissent also came from within Biden's own party. Congresswoman Pramila Jayapal described this step as a "dangerous step in the wrong direction." The right to apply for asylum is enshrined in US laws and obligations towards international treaties.
The UN Refugee Agency (UNHCR) raised concerns about the decree and called on the United States to reconsider the new regulations, which challenge the right to asylum. The UNHCR recognizes the challenge migration poses and urges the US to address it through comprehensive reforms to improve the fairness, quality, and efficiency of their border control and asylum system.
Migration as an ongoing political issue
Republican Speaker of the House of Representatives, Mike Johnson, deemed the decree a "political stunt" in an election year. The rule does not add new funds for border control and doesn't expel individuals already in the United States.
The topic of immigration laws has been a major discussion point in the US for a long time, and it's become especially significant during the ongoing presidential campaign. In a recent speech, Biden aimed to distinguish himself from his rival Trump, who used harsh words like "invasion" to describe migration into the U.S. Biden made it clear that he would never demonize immigrants, nor would he spread the idea that they harm a country's well-being. Instead, he emphasized his support for them.
