To suspend the number of people who can apply for asylum, Biden is relying on the same mechanism Donald Trump turned to during his presidency: section 212(f) of the Immigration and Nationality Act.
But in the 40 years since the US created its asylum system, no other Democrat suspended people’s ability to seek refuge in the US – an international right.
Moreover, under the order, people apprehended near the border will have to “manifest” their fear of prosecution if deported, and will not be explicitly asked by immigration officials, as has been the case for decades. This practice, known unofficially as a “shout test”, could turn back those who could still be eligible for protections.
This is the best summary I could come up with:
Joe Biden on Tuesday signed an aggressive new immigration order suspending asylum rights, signalling that “securing the border” was a central tenet of his re-election bid.
Starting at 12.01am Wednesday, the government will be able to return people apprehended at the border to Mexico or their home countries within hours or days if a daily number of crossings is exceeded, giving them little chance to apply for asylum.
“It can’t be counted on to reduce, or to stop, people from coming,” said Monika Y Langarica, a senior attorney with the Center for Immigration Law and Policy (CILP) based at the border in San Diego.
But as the number of people requesting asylum at the border reached historic highs last year, and after attempts to pass immigration reforms were blocked by Republicans in the legislature, Biden presented his most drastic restrictions on migration yet.
Biden administration officials have stressed that the new measures don’t mean a return to the extreme policies from the Trump era, including the separation of children or the “Muslim ban” on immigrants from certain Middle Eastern and African countries.
Rather, it will only cause suffering and death, as legitimate refugees will be unable to access protection,” emphasised Erika Pinheiro, executive director of Al Otro Lado, a non-profit group that helps asylum seekers at the border.
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