08 May 2023

Expert: Biden's Proposed Asylum Rules Would Limit Protection "In Major Ways"

Sam Ribakoff, CNS, May 5, 2023

"The notice of proposed rulemaking are the Biden administration, Department of Homeland Security, and Department of Justice’s proposals for immigration and asylum regulations that will replace Title 42. The proposed, but not yet finalized, rules include setting up processing centers in countries where people are migrating to the U.S. from, say Columbia or Guatemala, to prescreen asylum seekers to assess their eligibility to get into the country. This policy is meant to deter people from showing up at the Mexican border and asking for asylum. ... “Certainly it will prevent some people from applying for asylum. It would restrict asylum seekers in major ways,” said Stephen Yale-Loehr, professor of Immigration Law Practice at Cornell Law School. "There are a lot of unknowns," he added. Yale-Loehr said he expects some legal challenges to the new proposed rules if they are implemented, especially the rule denying people asylum claims if they cross the border before being granted permission. He also said there’s a possibility that a border state like Texas could sue the White House over the new rules. Additionally, a Senate bill backed by North Carolina Republican Senator Thom Tillis and independent Arizona Senator Kyrsten Sinema would effectively extend the Title 42 rules."