The Biden government will limit asylum with a new immigration rule after the end of Title 42

President Joe Biden 's administration is poised to sharply limit asylum when Title 42 applications expire, implementing a new rule Wednesday that mirrors a Trump-era policy that requires migrants to first apply for and be denied asylum elsewhere. country, before attempting to claim asylum in the United States.

The radical restriction on asylum that the US government plans to use will allow speeding up the express deportations of undocumented immigrants who cross the US-Mexico border after the application of Title 42, the emergency policy of the era, ends of the pandemic applied to immigration that allowed millions of immigrants to be expelled.

The regulation, which was sent to the federal registry on Wednesday, qualifies migrants who cross the border irregularly and who have not requested protection in a third country during their journey to the United States as “unfit” to request asylum, they explained. government officials on a call with reporters.

The new regulation will disqualify migrants from applying for asylum in the United States, if they do not first apply for refugee status in another country that grants asylum and through which they have passed during their trip to the United States.

“We are finalizing a new rule to encourage people to use the legal, safe, and orderly pathways available to enter the United States. The rule assumes that those who do not use legal pathways to enter the United States are not eligible for asylum,” Homeland Security Secretary Alejandro Mayorkas said at a news conference Wednesday.

This new restriction is part of the measures that will govern the border between Mexico and the US from May 11, when Title 42 is lifted.

From now on, the main legal route to request asylum in the US will be through the CBP One mobile application, which allows migrants to make appointments with the authorities to present their cases.

The US will offer some 1,000 daily appointments to request asylum through the CBP-One application, a figure that, according to public officials, may increase “depending on the capacity” of the immigration service workers.

Those who do not take advantage of this process and decide to cross the border irregularly will be declared ineligible to seek asylum in the US, unless they have previously been denied asylum in a third country or demonstrate that they have encountered technological barriers. or language to access the application.

People who are found to be ineligible to apply for asylum may be deported , barred from entering the US for five years and may face criminal charges if they try to re-enter the US, officials said.

In fact, the US also increased the number of deportation flights to countries in the region and reached an agreement with Mexico so that the neighboring country receives up to 30,000 deportees from Venezuela, Haiti, Nicaragua and Cuba every month.

For their part, people who are arrested crossing the border and who are given the opportunity to present their asylum case, through a “credible fear” interview, must do so while in detention.

“We have hired and will be ready to deploy about 1,000 asylum officers to conduct credible fear interviews at the border starting Thursday,” explained another of the public officials.

As part of the personnel reinforcement, the US government will also deploy some 24,000 “law enforcement officers” to the border, in addition to some 400 “volunteers.”

Several non-governmental organizations, such as Human Rights Watch, strongly criticized the asylum rule announced Wednesday when it is in the public comment phase, calling it a “violation of human rights and international law.”

The American Civil Liberties Union (ACLU), which convinced federal courts to block the Trump administration's asylum “transit ban,” has vowed to also file a lawsuit against the Biden administration's new asylum rule.