The Biden administration announced an update to the existing asylum restriction policy. Currently, asylum claims from individuals who cross between ports of entry are banned when illegal crossings exceed 1,500 per day over a seven-day average. The updated policy extends the time frame to 28 consecutive days, four times longer than the original policy stated.

In addition, the method of determining the number of daily crossings has been updated. Border officials will now include unaccompanied migrant children arriving from countries that do not border the U.S. These individuals were previously excluded. It was determined that by excluding these children, the impact to how the U.S. manages the southern border was underestimated.

The time extension requires a more sustained drop in border crossings, not a short-term reduction. In a joint statement from the U.S. Department of Homeland Security and the U.S. Department of Justice, the law will be in effect to ensure the organizations can deliver timely consequences, make those who cross without a legal basis ineligible for asylum with some exceptions, and more quickly remove those individuals who do not qualify for protection.

This update follows the interim final rule, issued in June 2024, when President Biden temporarily suspended noncitizen entry at the southwest border and banned asylum claims for those crossing between ports of entry. Higher standards to qualify for asylum were also included in the June rule, with some exemptions, including unaccompanied minors, trafficking victims, lawful permanent residents and those with valid travel documents to enter the country.

Since the implementation of the June rule, the average daily total encounters of individuals crossing the border between ports of entry fell by over 55%, per DHS. In addition, the organization states there have been a significant increase in the migrants removed from the U.S. The asylum restriction rule continues to face legal challenges from human rights and immigration advocacy groups.

If you have questions about asylum or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with experienced attorneys to ensure they get the right advice for their specific situations.

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