Biden Administration Announces New Asylum Restrictions

At Quiroga Law Office, PLLC., we have observed the implementation of significant restrictions on asylum applications at the Southern border. Effective immediately, an executive order signed by President Biden has established new limits on the number of people who can request asylum. These measures will automatically activate when the average of irregular border crossings exceeds 2,500 per day over a week. 


Here are the main asylum restrictions: 

  • Those who cross irregularly will face expedited deportation unless they can demonstrate a credible fear of persecution or torture. 
  • Exceptions exist for unaccompanied minors and those in situations of severe medical emergency or imminent risk to life. 
  • These restrictions will cease if the number of detentions decreases to 1,500 daily over 14 days. 


Debate Over the New Asylum Rules 


From our legal perspective, these measures have generated a divide in opinions. On one hand, Democrats argue that the restrictions put asylum seekers at vulnerability. On the other, some Republicans criticize the delay in their implementation. 


Recently, Biden was questioned about his reluctance to use executive authority to address the border crisis. In response, the President argued that he had explored all possible options. Additionally, there has been a noticeable shift from his campaign promises regarding more humanitarian asylum policies compared to the previous administration. 


Impact of Asylum on Deportations and Commerce 


As attorneys with experience in Immigration Law, we believe there will be a significant increase in deportations following these new regulations. Moreover, the Department of Homeland Security reported that more than 750,000 people were deported last year, the highest number since 2010. 


It is critical to highlight that the border remains open to legitimate commerce and regular transit. As a result, all authorized and regular commercial activities, including the transportation of trucks and trains, as well as tourism, will be maintained. These activities are vital for local economies in border areas. 


Changes in the Asylum Process 


With the new policy, the standards for requesting asylum are now stricter. Applicants must demonstrate a “reasonable probability” of persecution or torture in their countries of origin. This change implies a higher demand for initial proof from applicants. 


Notable exceptions include: 

  • Unaccompanied minors are exempt from these restrictions. 
  • Individuals facing severe medical emergencies or an imminent risk to their safety. 
  • Victims of human trafficking. 


At Quiroga Law Office, PLLC., we consider these measures, although temporarily necessary, do not replace the urgency for comprehensive immigration reform. For this reason, we will continue to work to effectively impact the immigration situation and protect the most vulnerable within our immigrant community.