On June 4, 2024, President Biden’s administration released a new action that will prevent migrants from claiming asylum at the border between the United States and Mexico. This new attempt to secure the border is criticized by some and will have various repercussions for migrants and asylum seekers at the border. If you are wondering how this new ban will impact you or your family, do not hesitate to contact an immigration attorney in NYC for skilled advice and representation.

What is Asylum?

Asylum is a protection that allows individuals who leave their residential country to remain in another country without being deported. If the individual fears they will face persecution or harm upon their return to their country, they can apply for asylum and legally be allowed to remain in the U.S.

What Does the Asylum Ban Do?

Biden’s new asylum ban gives U.S. authorities the ability to quickly deport migrants who cross the U.S.-Mexico border illegally. They can quickly send them back without giving them the chance to claim asylum in the United States. When border arrests exceed 2,500 per day for one week straight, migrants will not be allowed to apply for asylum after illegally crossing the border.

Once arrest numbers have fallen to 1,500 or less per day for a week, a two-week observational period will take effect. If numbers do not rise during this time, the normal asylum process will resume.

The goal of this action is to screen asylum seekers and migrants faster to prevent extensive waiting periods while U.S. authorities review individual cases. Previously asylum seekers had a 24-hour period to retain a lawyer to represent them. That time frame has been reduced to 4 hours.

While the order went into effect on Wednesday, June 5th, the pause will begin once the Department of Homeland Security notes that arrests are averaging 2,500 or more per day for one week.

What Does This Mean for Asylum Seekers?

Critics of the ban reference the fact that with this new rule migrants who truly need asylum for the sake of their well-being can end up being denied. The ban may encourage asylum seekers to take more drastic and dangerous measures to enter the country in an effort to avoid authorities at the border.

Migrants who profusely express their fear of persecution or harm upon their return to their country may still be screened by asylum officers. However, the screening process will not be done for asylum, only other lesser forms of protection.

Reducing a migrant’s window to procure legal counsel from 24 hours to 4 hours will also have a significant impact on asylum seekers as that may not be enough time for them to locate and secure representation.

There are many implications related to this ban. The American Civil Liberties Union is planning on challenging the ban in court. For more information on the impact of this action, speak with an experienced immigration lawyer.