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AILA Policy Brief: Presidential Authority to Block or Expel Migrants

June 03, 2024 (1 min read)

AILA Doc. No. 24060300, June 3, 2024

"President Biden is considering restricting the number of migrants who can enter the United States and barring asylum seekers for extended periods. AILA would oppose this policy if it prevents asylum seekers from receiving fair and accurate consideration of their requests for asylum. ... While the legality of the new policy depends on its details, at least one federal court has already ruled on another Biden policy that restricts access to asylum at the border (the Circumvention of Legal Pathways regulation), finding that it fails to adequately grant access to asylum as required by the statute. From an operational perspective, it is unclear whether blocking access to asylum on a temporary basis is an effective deterrent or border management tool. Similar efforts have resulted in large numbers of people still coming and being forced to wait in Mexico in deplorable conditions vulnerable to crime and violence."