In the three weeks following President Biden’s order to pause asylum processing when illegal crossings hit certain numbers, border arrests have dropped by over 40%, per the Homeland Security Department. This is one executive action from Biden addressing new arrivals at the southern border. Announced in early June, asylum access is unavailable when arrivals reach specific levels.

The Department of Homeland Security announced that average daily border arrests over a seven-day period have fallen below 2,400. This is over 40% lower than the same average on the effective date of Biden’s proclamation. It is the lowest the rate has been since January 17, 2021. However, it is still higher than the 1,500 daily average over a seven-day period required to resume asylum processing.

At times when illegal crossings are over the 1,500 threshold, those who express fear or an intent to apply for asylum are screened by a U.S. asylum officer at a higher standard than what is currently used. If the individual passes the screening, they are eligible to pursue other forms of humanitarian protection outside of asylum, including the U.S. Convention Against Torture. Legal action is underway challenging the Biden policy.

If you have questions about asylum or any other U.S. immigration-related issue, contact us. The team at ILBSG works directly with our clients to ensure they get the right advice for their particular situations.

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