Biden’s Asylum Restrictions Are Working As Predicted and Warningd

WASHINGTON — Since President Joe Biden imposed sweeping restrictions on asylum at the U.S.-Mexico border, the policy appears to be working exactly as he hoped and his critics feared.

The number of people seeking refuge in the United States has fallen 50% since June, according to new data from the Department of Homeland Security. Border agents are operating more efficiently, administration officials say, and many hot spots along the border, such as Eagle Pass, Texas, have calmed down.

The numbers could provide a powerful counternarrative to one of the Biden administration’s biggest policy weaknesses, especially as Vice President Kamala Harris, the Democratic presidential nominee, tries to fend off attacks from Republicans.

But migrant activists say Biden’s executive order eliminates too many people, including those who should have had their cases heard even under the new rules. They say the numbers are so low in part because of a little-noticed provision in the new policy that changed how migrants are treated when they first arrive at the border.

Under the new rules, border agents no longer have to ask migrants whether they fear for their lives if they are sent home. If migrants do not self-report such fear, they are quickly processed for deportation to their home countries.

It’s hard to know how many people with legitimate cases are being turned away because they can’t “fear-manifest,” as the practice is called. But critics of the new policy say it’s deeply unfair to desperate people who have no idea how to seek help in America.

“The government knows from past practice that the manifestation standard will result in migrants with legitimate asylum claims being denied even a vulnerability screening,” Lee Gelernt, lead attorney for the American Civil Liberties Union, which sued to block the policy in federal court, said in an email. “Simply put, the manifestation standard will return migrants fleeing death to grave danger, and the government knows it.”

Biden’s executive order was a drastic shift from the timeless American promise to allow people from around the world to seek refuge in the United States when they no longer feel safe in their own countries.

The regulation stipulates that only people entering the country through an official port of entry with an appointment can be considered for asylum at the southern border, with limited exceptions for unaccompanied children, victims of human trafficking and people with serious medical emergencies or at risk of losing their lives.

Before the new rules went into effect, migrants crossed illegally and sought out border agents to surrender, knowing that anyone who set foot on American soil could seek protection. Often, after initial screening, they were released into the United States to wait, sometimes for years, for their cases to be resolved.

Biden’s executive order changed that. Now, most migrants are quickly returned.

The administration believes the new screening process is more fair because migrants are more likely to express fear if prompted. Instead of asking a question that could be seen as suggestive, border agents have been instructed to watch for any signs that indicate fear of return, including crying or shaking. Signs and videos at detention centers tell migrants they can tell an officer they fear deportation.

An administration official, who spoke on condition of anonymity to discuss the policy freely, said the new rules allow the agency to focus on migrants who are more likely to have legitimate claims. The person said more than 1,000 migrants a day can get an appointment to apply for asylum at an official port of entry, so there is still a path for those seeking refuge.

“DHS agents and officers effectively implement a complex set of policies and guidelines every day, including those related to displays of fear,” the agency said in a statement. “We uphold our international humanitarian obligations, and when individuals display displays of fear, they are referred for appropriate screening.”

Matthew Hudak, a former deputy commissioner of the U.S. Border Patrol, said it was a “groundbreaking” event in which border agents no longer need to ask about fear.

“It’s the difference between committing a crime and getting a piece of paper telling you to come back to court in a few years versus putting handcuffs on you and taking you back to jail to face a judge,” he said.

Biden’s executive order isn’t the only reason cases are declining.

Mexico has stepped up enforcement, intercepting migrants on their way to the border. And illegal crossings typically drop after a major policy change — only to rise again later — as migrants try to understand the new rules.

But it is clear that these restrictions are having a significant impact.

The number of people crossing the U.S. border has fallen sharply since Biden imposed restrictions. July saw about 56,000 illegal crossings, the lowest monthly total of the Biden administration. In December alone, the number was 250,000.

The number of people seeking asylum has also fallen sharply. Although the Department of Homeland Security has not released exact numbers, the agency said in court documents last week that asylum applications have fallen by more than 50%.

Migrant rights groups Human Rights First and Kino Border Initiative reported that 75% of migrants at a shelter in Nogales, Mexico, said they were turned away because border officials ignored their claims or did not give them a chance to make them known.

Deyvis, a 24-year-old Colombian, said he crossed the border with his wife in early July because they were targeted because of their indigenous background. Deyvis said he pointed to signs on the wall of the detention center that explained migrants could ask for protection.

“I told them I wanted to talk to them about it because I was attacked, I was kidnapped. But they told me they were not responsible,” he said through an interpreter, asking to be identified only by his first name out of concern for his safety.

He was quickly deported back to Colombia, where he claims he is currently hiding.

“I wanted,” he said, “to be able to live without fear.”

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