The Biden administration has announced plans to reform asylum standards, with a focus on expediting deportations to bolster security and tackle a backlog of cases amid a surge in arrivals at the US-Mexico border. While Biden has characterized these changes as limited and targeting only a "small" subset of individuals convicted of serious crimes or posing national security risks, they represent a calculated response to intense political pressure in an election year where immigration is a major concern.
Republicans have criticized Biden for the growing number of migrants at the border, while Donald Trump has advocated for a strict deportation strategy that would bypass legal safeguards for immigrants. Recently, the Republican party attempted to impeach Biden's homeland security chief, Alejandro Mayorkas, alleging failure to enforce immigration laws. They have also exploited the tragic murder of a college student to advocate for mass arrests and detention camps, fueling fears about immigrant men.
Even among centrist and swing-state Democrats, there is apprehension about border crossings. However, progressives, immigration rights advocates, and Latino leaders have urged the president to do more to safeguard immigrants in the US and improve conditions for asylum seekers at the border.
The proposed changes would enable border officers to reject certain asylum seekers within days or hours of their arrival based on an initial screening for "credible fear" of persecution. The administration estimates that this rule would affect only about 2 to 3% of asylum seekers, based on historical data, and aims to address a problem that may not truly exist. Research indicates that immigrants, including asylum seekers and undocumented migrants, are less likely to be incarcerated or commit crimes than US-born individuals.
Critics argue that the proposed changes could exacerbate an already challenging situation, as asylum seekers are closely monitored while awaiting processing through immigration courts. They also raise concerns about the effectiveness of the proposed rule in addressing the humanitarian crisis at the border. The administration acknowledges that Congress is needed to fix the broken immigration system.
Advocates suggest that more resources are needed to hire officials trained in evaluating asylum claims, more immigration judges and court staff, and to provide migrants with legal representation for more efficient processing of cases. Despite perceptions of being lenient on immigration, the Biden administration has continued border-wall construction and implemented electronic monitoring of asylum seekers. Biden is also exploring executive actions to restrict asylum at the border.
Critics argue that the proposed changes could lead to individuals with criminal backgrounds due to persecution being turned away, highlighting the need for careful consideration of the impact of these changes.