![]() ![]() Since the option was first legally codified in 1980, the majority of people who have applied for asylum as a defense against their deportation have been denied. Of the millions of immigrants who live in the United States, these are the people on whom our national debate has come to center: the migrants at the southern border who file asylum claims. The rule effectively normalizes the dangerous theory that, because certain migrants are at once less deserving of humanitarian protection than others and more threatening to the social cohesion of our democracy, the US can dispense with its legal obligations under the Refugee Act of 1980 to individually review every asylum case.Īsylum is just one legal pathway for foreign nationals to enter the United States-others include family and employment–based visa systems, temporary work visas, and tourist visas-but it is the last resort for people with few resources and limited legal options. ![]() This blocks most would-be asylum seekers at the southern border from making asylum claims, with the justification that they should have availed themselves of another immigration pathway before traversing Mexico-an option currently only available to immigrants from a handful of countries. Under this new policy, which bears a striking resemblance to a similar asylum ban issued by President Trump in 2019, nearly all migrants who fail to seek asylum in another country first or secure an appointment to enter at a land port of entry will be presumed ineligible for asylum when they reach US territory. Instead, the same day, President Biden implemented his own ban on asylum seekers at the US–Mexico border. ![]() The Department of Homeland Security (DHS) should have promptly returned to processing migrants under our existing immigration laws, which allow people who enter without authorization to seek asylum if they successfully demonstrate a credible fear of persecution or torture. The public health order, issued by the Trump administration in March 2020, almost completely shut down asylum processing at our southern border in the last three years the US has conducted approximately 2.8 million expulsions of migrants, regardless of their reasons for trying to enter the country. ![]()
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