DHS Secretary Alejandro Mayorkas | DHS
The U.S. Departments of Homeland Security and Justice have proposed a new rule limiting asylum eligibility for those who fail to use official pathways for lawful migration.
Individuals who fail to use such legal pathways and do not seek protection in a country that they traveled to en route to the U.S. would be subject to a presumption of asylum ineligibility unless they meet specific exceptions, according to a Feb. 21 news release.
“We are a nation of immigrants, and we are a nation of laws," DHS Secretary Alejandro N. Mayorkas said in the release. "We are strengthening the availability of legal, orderly pathways for migrants to come to the United States, at the same time proposing new consequences on those who fail to use processes made available to them by the United States and its regional partners."
The proposed rule is focused on incentivizing the use of safe and orderly processes while disincentivizing potentially dangerous border crossings, the release reported. The rule is also meant to be temporary and applicable for 24 months following the lifting of the Centers for Disease Control and Prevention's Title 42 Public Health Order.
"As we have seen time and time again, individuals who are provided a safe, orderly and lawful path to the United States are less likely to risk their lives traversing thousands of miles in the hands of ruthless smugglers, only to arrive at our southern border and face the legal consequences of unlawful entry,” Mayorkas added, according to the release.
The proposed rule is a part of the Biden-Harris administration's border enforcement measures, which include expanding lawful processes and consequences for those who don't utilize the provided processes. According to the release, the proposal is "in response to the unprecedented western hemispheric migration challenges – the greatest displacement of people since World War II – and the absence of congressional action to update a very broken, outdated immigration system." It is also open to public comment in the Federal Register for 30 days.
The Biden-Harris administration's measures have reportedly been greatly effective in reducing irregular migration, with January seeing the lowest level of encounters between ports of entry in February 2021, the release reported. Additionally, the number of encounters between ports of entry at the southwest border for Cubans, Nicaraguans and Venezuelans declined by 97% in more than three weeks following the installation of new parole processes.
"DHS and DOJ are taking these steps while continuing to call on Congress to modernize our immigration system, including our asylum laws," the release said. "DHS will continue to monitor developments on the southwest border and will accelerate or implement additional measures, as needed, consistent with applicable court orders."