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  • Human Rights Research Center

Biden Administration Restricts Asylum Claims at U.S.-Mexico Border

February 23, 2023


Migrants queue near the border fence, after crossing the Rio Bravo river, to request asylum in El Paso, Texas, U.S., as seen from Ciudad Juarez, Mexico January 5, 2023. [Image credit: REUTERS/Jose Luis Gonzalez]

Cited article by Ted Hesson, Reuters


HRRC expresses grave concern for the expansion of Title 42. The Biden administration's reversal on campaign promises regarding immigration and asylum law will harm tens of thousands of migrants as they are expelled from the U.S.. The majority of these individuals fled violence, torture, and death in their home countries. The Biden administration must ease restrictions immediately to protect the lives and rights of migrants and asylum seekers.


Article Summary


On February 21, the Biden administration unveiled it's new asylum law which bans migrants from seeking asylum in the United States. Under this proposed law, migrants must seek and be denied asylum elsewhere before arriving to claim asylum in the U.S.. In addition, migrants have to make an appointment with border patrol or receive entry assistance from an authorized humanitarian organization. This restrictive law is being compared to former President Trump's "transit ban", one which activists claim is essentially expanding on Trump's Title 42 to expel migrants from the U.S..


The Biden administration started the expansion of Title 42 in January 2023, making it legal to expel a broader number of nationalities. This act alone will lead to the expulsion of nearly 30,000 migrants per month, including those from Cuba, Haiti, Nicaragua, and Venezuela. The American Civil Liberties Union (ACLU) aims to see this change stopped before it can be implemented. Lee Gelernt, the ACLU attorney who argued the Trump-era lawsuit, responded saying, "We successfully sued to block the Trump transit ban and will sue again if the Biden administration goes through with its plan."

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