The move by the Biden administration is a massive mistake and will harm innocent people
The Biden administration has made a massive mistake. Yesterday, The New York Times reported that President Biden enacted a new executive order that would prevent migrants from seeking asylum when the seven-day average for daily illegal crossings hits 2,500, something that has become increasingly common. The move is almost certainly a response to previous failures by the GOP to pass a sustainable border deal, but in enacting this policy, President Biden has not only undermined the rights of asylum seekers but is also putting lives on the line.
What is the new border policy, and why does it matter?
The new policy, signed by President Biden and enacted today, would prohibit migrants from seeking asylum in cases where border crossings surge, except for children who travel to the border alone, victims of trafficking, and those with an appointment established via an app.
The policy announced by the Biden administration also comes amid other harsh measures by the Biden administration, including a new policy that is reminiscent of Title 42, which former President Trump previously used to deny migrants the right to claim asylum under the pretext of preventing the spread of COVID-19. In 2023, the Biden administration announced a policy that would prevent asylum seekers from being eligible for being considered if they didn’t seek asylum elsewhere. Such a policy presupposes a requirement for asylum that isn’t required by law but is established by executive authority. As former Congressional candidate and human rights lawyer Qasim Rashid explained in a recent piece:
“U.S. law permits individuals to seek asylum regardless of how they enter the country, and even if they passed through another country to reach the United States. This is codified in both the Universal Declaration of Human Rights Article 14 and in U.S. Code Section 1158(a)(1).”
With Biden’s new executive order, not only is the current administration effectively undermining the statutorily established nature of what asylum is, but it is also undermining international human rights. Even with public opinion turning against current immigration levels, human rights and the rule of law must be upheld, even if it is politically difficult. Suppose we are to have a better understanding of immigration policy and to solve the problems facing our nation at the border. In that case, we also can’t simply take the harshest possible approach. We have to acknowledge the humanity and complexity of the situation.
Asylum is a Human Right
Despite arguments to the contrary, asylum isn’t a form of illegal immigration. It is a means to request protection for people who are (1) refugees, (2) are already present in the United States, and (3) seeking admission to the United States through a port of entry. Under international law, every person has a right to seek asylum. Asylum seekers, as defined by the United Nations High Commissioner for Refugees (UNCHR), are people who are seeking to flee “War, persecution and human rights violations…” The UCHR also notes, “Seeking asylum is a human right, and every person in the world has the right to apply for asylum if they are fleeing conflict or persecution.” As such, failure to ensure equitable and reasonable processes for asylum applicants is not only draconian and short-sighted but is also a human rights violation.
Whereas previous restrictions mentioned before would prohibit eligibility for asylum claims based on the failure to pursue asylum in another country, the current executive order by the Biden administration doesn’t even do that. Instead, it uses the seven-day average of illegal crossings to determine whether or not to prohibit asylum and, in doing so, punishes legal applicants based on a metric that the Biden administration likely knows will be met consistently. In effect, ensuring that the legal right to request asylum will be denied repeatedly with no means of guaranteed return unless further action is taken.
If Biden wants to ensure that his administration stands as a beacon of human dignity and opposition to Trump, this policy should be rescinded immediately. Human rights are universal, not dependent upon politicians’ electoral prospects.
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References
“Asylum-Seekers.” UNHCR US. https://www.unhcr.org/us/asylum-seekers (June 5, 2024).
“Immigration.” 2023. Gallup.com. https://news.gallup.com/poll/1660/Immigration.aspx (June 5, 2024).
Kanno-Youngs, Zolan, and Hamed Aleaziz. 2024. “In Shift, Biden Issues Order Allowing Temporary Border Closure to Migrants.” The New York Times. https://www.nytimes.com/2024/06/04/us/politics/biden-executive-order-border-asylum.html (June 5, 2024).
Karni, Annie. 2024. “Senate Bogs Down on Ukraine and Israel Aid After G.O.P. Blocks Border Deal.” The New York Times. https://www.nytimes.com/2024/02/07/us/politics/congress-ukraine-israel-aid.html (June 5, 2024).
Long, Colleen. “Title 42 Has Ended. Here’s What It Did, and How US Immigration Policy Is Changing.” 2023. AP News. https://apnews.com/article/immigration-biden-border-title-42-mexico-asylum-be4e0b15b27adb9bede87b9bbefb798d (June 5, 2024).
Mukpo, Ashoka. “Asylum-Seekers Stranded in Mexico Face Homelessness, Kidnapping, and Sexual Violence.” American Civil Liberties Union. https://www.aclu.org/issues/immigrants-rights/immigrants-rights-and-detention/asylum-seekers-stranded-mexico-face (June 5, 2024).
Rashid, Qasim. 2024. “We Need To Talk About Biden’s Executive Order on Asylum.” Let’s Address This with Qasim Rashid. https://qasimrashid.substack.com/p/we-need-to-talk-about-bidens-executive (June 5, 2024).
“‘Remain in Mexico’: Overview and Resources | Human Rights Watch.” 2022. https://www.hrw.org/news/2022/02/07/remain-mexico-overview-and-resources (June 5, 2024).
Robles, Justo. 2023. “Title 42 Migration Restrictions Have Ended, but Biden’s New Policy Is Tougher.” The Guardian. https://www.theguardian.com/us-news/2023/may/13/title-42-migration-biden-new-policy-tougher (June 5, 2024).
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