What Is the New Rule for Asylum Seekers?

Recently, the Biden administration proposed a new regulation that will impose new restrictions on individuals who can seek asylum in the United States. Read on to discover what this new regulation for asylum seekers is and how a seasoned asylum immigration lawyer in Milwaukee, WI can help you understand how this may affect you.

What is the new regulation for asylum seekers?

With this proposed rule, migrants who cross the United States border without authorization to do so may be penalized. The same goes for migrants who fail to apply for protections in another country that they pass through en route to the United States.

Essentially, the Biden administration noted that the purpose of this new rule would be to deport disqualified asylum seekers as quickly and easily as possible. In addition, they are trying to discourage vulnerable migrants from using dangerous means to cross the United States border.

What’s more, they are anticipating the surge in migration that will likely come from the southern United States border at the end of Title 42. Namely, Title 42 was a public health restriction established during the coronavirus pandemic, which denied a couple of million asylum seekers and otherwise migrants at the southern border of the United States. This restriction is expected to be lifted on or around May 11, right around the time that this new regulation may be implemented.

What else should I know about this new regulation?

However, this proposal has received significant criticism from immigration and human rights advocates alike. They are comparing it to the Trump administration’s controversial “asylum transit ban,” which mandated asylum seekers to request asylum in one of the other countries they passed through en route to the United States. This policy exempted those coming from Mexico.

Though, the Biden administration has pointed out the contrasts between the two rules. For one, this new rule will not apply to unaccompanied children. It will also give space for humanitarian exemptions, which include, but are not limited to, the following:

  • Individuals seeking asylum who have acute medical conditions.
  • Individuals seeking asylum who have been made a victim of human trafficking.
  • Individuals seeking asylum who have been fleeing from imminent and extreme danger.

Lastly, the Biden administration holds that this new rule will give asylum seekers the opportunity for rebuttal if they are denied refuge in the United States. For example, they may be allowed to provide proof that they were denied access to another country or that they were unable to schedule an appointment at an official port of entry.

This proposed regulation is undergoing a 30-day public comment period. With all that being said, if you are seeking asylum in the United States, we recommend that you consult with one of the competent Wisconsin immigration attorneys as soon as possible. Schedule your initial consultation with us today.

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