Biden's Asylum Ban at US-Mexico Border: What is it and what does it do?

The administration of Joe Biden is all set to stop the migrants at the US-Mexico border from claiming asylum. The asylum ban is set to commence at 12:01 a.m. ET (0401 GMT) starting Wednesday. This policy by Biden was announced on Tuesday. What exactly is the asylum ban policy, and can it attract legal challenges? Let's find out.

The Asylum Ban Policy- What does it do?

The new policy of Asylum ban by Biden enables the authorities to deport any migrants aiming to cross the border by illegal means to Mexico. The policy does not give these migrants the opportunity to apply for asylum. The measure will be enforced when the arrests for daily migrants go beyond 2,500 for a week.

The month of April saw over 4,300 arrests on a daily basis. As per officials, the present arrest numbers have actually gone higher, and thus such restrictions should commence. Restrictions like these will be there until the arrest average goes below 1,500 every day for a total of three weeks. This level, however, was seen last during the early COVID pandemic in July 2020. Global travel in those times was minimal.

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Will the Asylum Ban Policy shut the borders?

It is not correct to assume that policies like these will close the border. Measures like these specifically target the ones who aim to cross the border illegally between the ports of entry. Even with such a measure, the migrants can effortlessly apply for entry through legal means. This can be done through cell phone applications run by the government or with the help of various Biden administration-run parole programs. It is to be noted that legal trade and travel across the border are not going to be impacted.

Are there any exemptions to the ban for some people?

Yes. The ones who have some serious medical challenges or come with safety threats are exempted from such a measure. Additionally, unaccompanied minors and trafficking victims are also exempted from the ban.

The operation of the ban

As of now, the operational details of the ban policy present are vague. It is not known very clearly as to how the United States will be deporting migrants from uncooperative nations. Additionally, it is not known as to how many migrants who are non-Mexican will Mexico accepted. Moreover, the problem of limited housing capacity in Mexico also seems alarming.

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The American Civil Liberties Union's challenge

An asylum ban policy like this most certainly attracts challenges in the court. The American Civil Liberties Union (ACLU) is intending to sue the policy. Many rights groups along with the ACLU have previously challenged asylum bans brought forward by former President Trump.

Biden's intent

President Joe Biden has been urging for a Senate bill in order to foster border security, involving similar measures. However, the bill was rejected by Republicans post Trump's opposition.

With respect to the forthcoming US presidential elections in the month of November, immigration as an issue is an important one. Interestingly, several polls suggest that voters prefer to support Trump rather than Biden by 17 percentage points on immigration policy. Recently, the border crossings have declined. However, high rates of migration levels are still standing there as a challenge.

What's Next?

U.S. officials do not provide much detailed plans ahead relating to the management of the expected increase in the deportations at the border. As of now, the situation is fluid.

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