Asylum restrictions at US-Mexico border extended by election

President Joe Biden’s effective ban on the entry of asylum seekers at the U.S.-Mexico border was extended indefinitely Monday, but officials said they still needed Congress to take action on immigration policy.

The Department of Homeland Security and Justice said the temporary rule announced by way of executive order in June is now permanently in effect after three months of feedback.

When President Biden announced the entry limit, immigrant rights groups sued the administration, saying it would affect some of the most vulnerable migrants.

Illegal border crossings have fallen 55 percent since June as a result of the order, and average daily encounters are now at a four-year low of about 1,800 per day on average.

“This action was taken in parallel with other administration actions that have both increased enforcement and provided asylum seekers with safe and legal pathways to humanitarian assistance, eliminating the ruthless trafficking organizations that prey on the vulnerable,” said Secretary of Homeland Security Alejandro Mayorkas . in a statement Monday afternoon.

US-Mexico border in California
U.S. Border Patrol Agent Jerry Gutierrez opens a rancher’s gate to gain access to the U.S.-Mexico border near Jacumba Hot Springs, California, on September 20, 2024. Immigrant border crossings remain low months after Biden…


John Moore/Getty Images

The rule, introduced on June 4, limits entries after an average of 2,500 arrivals at the border per day for seven days.

When it came into effect, it effectively banned asylum entry because the number of border conflicts was so high. It also allows for the rapid deportation of those who enter illegally, even if they may seek asylum.

To lift the limit now, the number of encounters must be under 1,500 for 28 consecutive days, instead of seven.

“Doubling down on inhumane policies that ban asylum is not the answer to orchestrated fear-mongering against immigrants,” said Eleanor Acer, Senior Director for Refugee Protection at Human Rights First, in an email to Newsweek.

“These policies reinforce xenophobic and racist rhetoric that falsely portrays immigrants as threats. It will also leave a permanent stain on President Biden’s legacy.”

Acer said there needed to be a focus on real solutions within the immigration system, including eliminating the backlog of cases handled by DHS.

All unaccompanied children will now be included in the daily limit figures, with DHS claiming this will make it easier to understand the pressure the system is under.

The American Civil Liberties Union (ACLU) said this just means the daily limit is more likely to be reached, keeping the ban in place.

“The asylum statute enacted by Congress recognizes that people fleeing danger should not be forced to wait and attempt to obtain an appointment to seek asylum,” said Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project , in a press release.

“The government’s abandonment of that principle is already having serious consequences for the people our laws are intended to protect.”

DHS said Monday that since early June through Aug. 31, 70 percent of single adults and individuals in family units have been repatriated, compared to 28 percent between May 2023 and May 2024.

Under the rule, 119,000 people were repatriated, representing more than 98 percent of removals.

Nearly two months after the ban took effect, immigrant rights groups said Newsweek that the policy was applied unfairly when so many asylum seekers have complex stories. Some Border Patrol agents had simply told those arriving at the border that there was no more asylum in the US

The ACLU has said it will continue its lawsuit against the rule.

Mayorkas said Monday that more is needed to address the situation at the southwest border, calling for the Bipartisan Border Bill. Vice President Kamala Harris has said she would reintroduce herself and sign as president.

“We cannot deliver the bigger and more lasting systemic changes that America’s broken immigration system so desperately needs because only Congress can do that,” the secretary said. “Nor can we provide the Department of Homeland Security and the other departments responsible for administering our nation’s immigration system with the staff, resources, and tools necessary to fully address today’s border security challenges.” to cope; Congress must do that.”

Former President Donald Trump, meanwhile, has promised a tougher stance on the border, including mass deportations and the reinstatement of policies from his first administration that sharply limited access at the southwestern border.

Update 9/30/24 3:27 PM ET: This article has been updated with additional information.

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