Proposed Changes to Deactivation Criteria
The Biden administration is currently debating changes that would make it more difficult to lift the sweeping asylum restrictions enacted in June 2024. These proposed alterations would modify the criteria used to deactivate the strict border measure. According to anonymous Department of Homeland Security officials, the new plan would require the seven-day average of unlawful border crossings to stay below 1,500 for 28 consecutive days before the policy could be deactivated. This is a significant change from the current policy, which would be discontinued if the seven-day average fell below 1,500 at any point
Impact of Current Asylum Restrictions
The asylum restrictions implemented in June have already had a significant impact on border crossings and U.S. immigration policy. Officials have credited this crackdown, described as the most restrictive asylum policy by a Democratic president, for a four-year low in unauthorized border crossings. The policy has effectively shut down access to the American asylum system for migrants crossing the U.S.-Mexico border illegally. As a result, fewer migrants are being released into the U.S. and allowed to apply for asylum in immigration court, while a higher percentage of those crossing illegally are facing expedited deportation.
Legal Challenges and Criticism
The current asylum restrictions and the proposed changes have faced criticism and legal challenges. Lee Gelernt, an ACLU lawyer leading a lawsuit against the June order, has denounced the proposed changes as “patently illegal.” The ACLU has also challenged similar policies implemented by the Trump administration. These legal battles highlight the ongoing controversy surrounding asylum policies at the southern border.
Political Implications and Future Outlook
As the 2024 presidential election approaches, immigration policy remains a contentious issue. Vice President Kamala Harris, now the Democratic nominee for president, has not issued a specific immigration policy platform. However, her campaign manager has indicated that she would likely continue Mr. Biden’s asylum restrictions if elected. On the other hand, former President Trump, Harris’ rival for the White House, has pledged to reinstate his hardline asylum policies, militarize the southern border, and launch a large-scale deportation operation. The outcome of the election could significantly impact the future of U.S. asylum and immigration policies.
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