Critics from the president’s own party say the proposal is eerily similar to Trump-era immigration restrictions.
After introducing a new border regulation that would restrict options for asylum seekers, which detractors claim harkens back to the tight immigration limitations of the Donald Trump administration, President Joe Biden is once again coming under criticism from members of his own party.
The president has come under fire from a number of Democratic senators and representatives, as well as civil rights and immigration advocates, for issuing a proposed rule on Tuesday through the Department of Homeland Security and Department of Justice that would subject migrants who cross into the United States through other countries to a “rebuttable presumption of asylum ineligibility” unless they meet certain exceptions. These persons would likewise see “rapid deportation” and a five-year prohibition on reentering, providing they didn’t seek protection in the nations they passed through.The contentious “transit ban” policy of the Trump administration, which the American Civil Liberties Union has observed that Biden committed to halt when he was running for president, is said to be hauntingly similar by detractors of the concept. The ACLU noted that they had successfully battled Trump’s equivalent ban in court and labelled the new regulation as the “latest in a series of attacks on the fundamental freedom to seek protection in the United States.”
The regulation would only be in place for two years beginning around the time of the anticipated suspension of Title 42, another Trump-era policy meant to swiftly deport migrants from the border, according to the announcement release. The public will have 30 days to comment on the idea,Additionally, there are exemptions for people who are in need of medical attention or who are under “imminent and extreme” danger.
Nevertheless, pro-immigration organisations like the National Immigration Forum and the International Rescue Committee have urged Biden to reconsider, arguing that the rule would undermine efforts to protect refugees and run the risk of sending asylum seekers back into perilous circumstances.
Democrats with a lot of clout have joined the chorus.
In a statement, four Democrats — Sens. Bob Menendez and Cory Booker of New Jersey, Sen. Ben Ray Luján of New Mexico, and Sen. Alex Padilla of California — said, “We are deeply disappointed that the Administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation,”We implore President Biden and Secretary Mayorkas to change their minds and forge on with a better plan that safeguards the right to seek asylum while addressing the actual operational issues at our Southern Border,” the statement reads.
Similar criticism of the Department of Homeland Security’s use of an app to aid possible migrants has come from Democratic Senator Ed Markey of Massachusetts. Since its release, the CBP One app has apparently experienced technical problems. However, to avoid the penalties outlined in the new transit rule, the agency advises migrants to use the app from their home countries to apply for legal admission into the United States.
Similar to the four Democratic senators, Reps. Pramila Jayapal of Washington and Jerrold Nadler of New York released a joint statement stating that the ability to seek asylum is a “bedrock value protected by federal law and should never be compromised.” Another Democrat, California Rep. Lou Correa, called the measure “unconscionable, unacceptable, and un-American.”
Republicans, meanwhile, who have been among Biden’s fiercest detractors for his border policies, have largely remained mute since the rule’s announcement.
In support of its current immigration policies, the administration has cited the Congress’s lack of action. Officials contend that their efforts are effective, at least in terms of reducing the number of border crossing attempts. Preliminary data revealed last month by the Department of Homeland Security indicated that the number of encounters with illegal border crossers from Cuba, Haiti, Nicaragua, and Venezuela dropped 97% in January compared to December. The agency had earlier in the year announced an extended legal track for immigrants from those four nations, but it was tied to an initiative to deploy “expedited removal” more frequently for illegal immigration.
Nevertheless, with the fast criticism and litigation threats, Biden faces a challenging path forward with his most recent immigration proposal.
Professor of immigration law practise at Cornell Law School Stephen Yale-Loehr said in a statement that the Biden administration is “caught between a rock and a hard place.” “Due to a number of factors, such as persecution, gang violence, and climate change, more and more people are trying to enter the United States as a result of Congress’ failure to fix our flawed immigration system. The Biden administration is hoping that a court won’t strike down its planned regulation. I’m dubious.
