Biden Admin Propose Asylum Conditions Similar to Trump Admin's Plans

The US is about to tighten the conditions for granting asylum to foreigners. If the new changes are adopted, people will be denied asylum if they have not tried to obtain it in transit countries or arrived through ports. It will also make it harder for those who do not use a special app to get asylum.

The administration of US President Joe Biden plans to tighten asylum conditions for migrants. The initiative from the Department of Homeland Security (DHS) and the Department of Justice (DOJ) is subject to public consultation for 30 days, after which it can be formally approved for a two-year renewable term.

Mitigating exceptions will be provided for the following categories:

The Biden administration started discussing new rules in 2022, because restrictions (the so-called Title 42) imposed due to the COVID-19 pandemic which required asylum seekers be sent back to Mexico while they wait for their case to be heard will expire in May 2023. Because of this, US authorities anticipate a potential spike in migration, the paper points out.

The initiative itself is seen by many as a repeat of a similar initiative by the Trump administration. The Trump version, however, was challenged by activists in the courts and struck down by the courts.

However, even with some mitigating additions, the American Civil Liberties Union has already promised to fight the new-old proposal in court.

"We do not think that this proposed rule is lawful. The changes that were made are largely cosmetic," said Lee Gelernt, an attorney with the American Civil Liberties Union who led arguments in a case that toppled similar Trump administration policies, adding "The additional requirements suggested by the proposed rule would not be consistent with our domestic or international asylum laws. So if this rule is enacted, we will be back in court."

Some media have pointed out that the controversy of the initiative is due to the parties' differing approaches to the very process of regulating asylum applications.

The Biden administration contends that it is keen to make it as easy as possible for people who have a strong case to be granted asylum. In doing so, the administration is also guided by pragmatic logistical considerations.

Opponents of the initiative consider the right to apply for asylum itself to be primary, without regard to how strong their case is.

"The basic, fundamental tenet of asylum law is if you get to safe territory, no matter how you get there — documents, no documents; between ports or at a port — you must be given a screening for asylum. And so the Biden administration is disfavoring people who cross between ports," Gelernt said.