US to give asylum authorities power to reject more migrants earlier in process

The Biden administration plans to announce new regulations as early as Thursday designed to allow immigration officials to expel migrants who are not eligible for U.S. asylum earlier in the process, three sources told CBS News close to the internal planes.

The Department of Homeland Security regulations would apply to migrants who seek asylum after crossing the U.S.-Mexico border illegally, according to the sources, who requested anonymity to speak about the rule before its official announcement.

It would require government asylum officials to apply certain barriers to asylum that are already part of U.S. law during so-called credible fear interviews. This is the first step in an asylum procedure that lasts years. Those who pass these interviews are allowed to apply for asylum before an immigration judge, while those who fail can be expelled quickly.

Migrants barred from asylum under U.S. law include those who may pose a danger to public safety or national security. This rule would allow authorities to reject and expel migrants in these categories shortly after crossing the border.

This regulation, which is relatively limited in scope, is one of several measures being considered by the Biden administration to restrict access to the US asylum system amid an increase in the number of applications in recent years, mainly motivated by migrants crossing the southern border illegally.

Migrants seeking asylum in the United States demonstrate on the Rio Grande River to demand permission to enter the country, seen from Ciudad Juárez, Mexico, April 25, 2024. HERIKA MARTINEZ/AFP via Getty Images

Representatives for the Department of Homeland Security and the White House did not immediately respond to requests for comment.

President Biden is also considering invoking expanded presidential authority to enact a broader asylum restriction before the November election, sources familiar with the deliberations told CBS News. This authority, known as Section 212(f), allows presidents to suspend the entry of migrants whose arrival is deemed harmful to U.S. interests. Former President Donald Trump used the law to justify several immigration restrictions, including a travel ban on Muslim-majority countries.

The President has not yet announced a final decision on Order 212(f) which has been considered for months.

While the upcoming regulations won't affect massive numbers of migrants, they nonetheless reinforce a policy shift by Mr. Biden, who earlier in his presidency promised to “restore” the U.S. asylum system .

But after record levels of migrant apprehensions along the southern border, including more than 2 million in each of the past two years, and an accompanying political backlash, Mr. Biden's administration has embraced and launched more restrictive asylum rules.

Last year, the administration issued a regulation that disqualifies migrants from asylum if they enter the United States illegally after failing to seek humanitarian protection in a third country, such as Mexico.

The administration has paired the restriction with an unprecedented expansion of channels for would-be migrants to come to the United States legally. These include a phone app that allows migrants in Mexico to schedule processing times at official border crossings and a program that allows some migrants to fly to the United States if they have American sponsors.

After reaching record levels in December, migrant crossings along the southern border have fallen more than 40% this year. In April, illegal crossings fell to about 129,000, the second consecutive monthly decline, according to internal Border Patrol data obtained by CBS News.

U.S. officials say the dramatic decline in migration stems from increased expulsions and increased efforts by Mexico to prevent migrants from reaching the U.S. border. Texas state officials also attributed the decline in crossings to their actions, including miles of barbed wire they installed along parts of the border.

More from Camilo Montoya-Galvez

Camilo Montoya-Galvez is the immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics.

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