According to sources, the Biden Administration is considering enacting a daily threshold limit for migrants to enter the United States. When the daily limit is hit, asylum requests and migrant entrance to the U.S. would be stopped. The threshold approach to setting migrant limits is included in a bipartisan bill that has twice failed to advance due to lack of support.

Although illegal crossings at the southern U.S. border have dropped in recent months, it’s a top issue heading into the November 2024 presidential election. Asylum cases have grown over the last year, with a new Recent Arrivals docket created to more quickly resolve the claims so those who do not qualify are more quickly removed from the U.S. Migrants claiming asylum are allowed to enter the U.S. to wait for their case to be heard in an immigration court. However, there are over 2 million pending immigration court cases. Some asylum cases can remain open for years, waiting to be heard.

The president has broad powers, per the Immigration and Nationality Act (INA) Section 212(f) to block migrant entry to the U.S. if considered ‘detrimental’ to the country’s national interest. The potential new migrant limits policy would be enacted through executive action – which is often challenged in court. The administration is reportedly considering other options as well.

As always, ILBSG actively monitors ongoing updates that may affect U.S. immigration policy. If you have questions about any U.S. immigration related issue, contact us. We work with our clients in their specific situations to ensure they get the right advice.

asylum Migrant Limits U.S. Southern Border