Biden Administration Cements Harmful Asylum Restrictions

Washington, DC – Today, the Biden Administration moved forward to codify into federal regulations harmful policies which are already undermining U.S. asylum law and denying fair access to humanitarian protection for vulnerable individuals and families.

Kelli Stump, President of the American Immigration Lawyers Association (AILA) stated, “It is imperative that our nation have safe, orderly, and efficient processes at the border that also ensure fair and humane treatment of asylum seekers. The consequences of denying asylum to someone who is being persecuted can literally be a matter of life or death. AILA has opposed these policies out of concern that the changes would effectively bar access to asylum for nearly all people seeking protection at our border. Since June those concerns have become reality.”

• The existing policies operate as a ban on asylum for people entering between ports of entry, despite U.S. law guaranteeing them access to asylum.
• Exceptions for the vulnerable remain elusive. Biden promised to make exceptions for children, families and other exceptionally vulnerable groups to seek asylum even while the ban is in effect, but exceptions are rarely granted.
• No meaningful chance to access legal advice. The codified policy gives just four hours for an asylum seeker to consult an attorney before presenting their case to an officer.
• Border processing has not improved. There has been no increase to CBP One appointment availability, which is the only way people can now seek asylum at the border. While 1,450 appointments a day is significant, it is unfortunately insufficient, leaving far too many waiting in a dangerous limbo with no other way to apply at a port of entry.
• The new policy will keep the restrictions in place longer by requiring that they stay in place until the average number of encounters falls below 1,500 for 28 days. At current levels, the asylum bar will remain in place indefinitely.

AILA Executive Director Ben Johnson stated, “We cannot and must not allow the guarantee of due process, a foundational American value, to be cast aside, leaving the most vulnerable without an advocate and unable to make their voices heard. It is shameful that the Biden Administration is codifying these rules; they are putting justice and fairness aside in the name of expediency.”