How President Biden’s Executive Order Will Work to Limit Asylum Claims
On February 24, 2023, President Biden issued an executive order aimed at limiting the number of asylum claims made at the United States-Mexico border. The order establishes a new process for processing asylum claims, which will prioritize claims made by individuals who are already present in the United States. Under the new process, asylum seekers will be required to apply for asylum online or through a mobile application. They will then be scheduled for an initial interview with an asylum officer. If the asylum officer determines that the asylum seeker has a credible fear of persecution, they will be referred to an immigration judge for a full hearing. The executive order also expands the use of expedited removal proceedings. Under expedited removal, asylum seekers who are found to be inadmissible to the United States can be removed from the country without a full hearing. The executive order allows expedited removal to be used against asylum seekers who enter the United States illegally or who fail to apply for asylum within one year of their arrival. The Biden administration has defended the executive order, arguing that it is necessary to streamline the asylum process and reduce the number of frivolous claims. However, critics have argued that the order will make it more difficult for legitimate asylum seekers to obtain protection. The executive order is expected to face legal challenges. Several immigration advocates have already filed lawsuits challenging the order, arguing that it violates the due process rights of asylum seekers. The outcome of the legal challenges will determine the future of the executive order. If the order is upheld, it will make it more difficult for asylum seekers to obtain protection in the United States. However, if the order is struck down, it will continue to be business as usual for asylum seekers at the border.
Key Provisions of the Executive Order
* Establishes a new process for processing asylum claims, which will prioritize claims made by individuals who are already present in the United States. * Expands the use of expedited removal proceedings. * Allows asylum seekers to be detained while their claims are being processed. * Limits the ability of asylum seekers to appeal adverse decisions.
Criticisms of the Executive Order
* Critics argue that the executive order will make it more difficult for legitimate asylum seekers to obtain protection. * They argue that the order violates the due process rights of asylum seekers. * They argue that the order is unnecessary, given that the number of asylum claims made at the border has already declined in recent years.
Defense of the Executive Order
* The Biden administration argues that the executive order is necessary to streamline the asylum process and reduce the number of frivolous claims. * They argue that the order will make it easier for legitimate asylum seekers to obtain protection. * They argue that the order is consistent with the due process rights of asylum seekers.
Biden’s Executive Order on Asylum
Background:
On February 21, 2023, President Biden signed an executive order aimed at limiting asylum claims at the U.S.-Mexico border. The order requires asylum seekers who do not qualify for the new expedited asylum process to be removed to Mexico to await their immigration court hearings.
Key Provisions:
*
New Asylum Processing Pilot Program:
Creates a pilot program at select ports of entry where asylum seekers will be processed within 24 hours and ineligible claims will be rejected. *
Expansion of Title 42:
Extends the use of Title 42, a public health order that allows border agents to quickly expel asylum seekers to Mexico without a hearing, to include Cubans, Nicaraguans, and Haitians. *
Requirement to Seek Asylum in Mexico:
Individuals who arrive at the border and do not qualify for expedited asylum must be removed to Mexico to await their immigration court hearings. *
Exemptions:
The order exempts certain vulnerable populations, such as unaccompanied children, pregnant women, and individuals with serious medical conditions.
Implementation:
The executive order will be implemented gradually. The pilot program will launch at four ports of entry in early May. The expansion of Title 42 will take effect after the pilot program is fully operational.
Reactions:
Supporters:
The administration argues that the order will streamline asylum processing and deter illegal border crossings.
Opponents:
Immigration advocates and human rights groups have criticized the order, arguing that it will push asylum seekers into dangerous conditions in Mexico and violate their right to seek protection.
Legal Challenges:
It is likely that the order will face legal challenges. The American Civil Liberties Union (ACLU) has already filed a lawsuit to block its implementation.
Expected Impact:
The full impact of the order is difficult to predict. However, it is expected to reduce the number of asylum claims made at the U.S.-Mexico border. It could also lead to an increase in the number of asylum seekers being held in Mexico or being forced to return to their home countries.