Biden Administration’s New Plan for Handling Asylum Claims Will Replace Title 42

( – The Biden administration on Tuesday proposed a new plan to deal with illegal immigration requiring migrants to seek asylum protection in the country that they passed through on the way to the United States and to make an appointment at a port of entry.

Those that do not follow the new rule will become ineligible for asylum claims, “unless they meet specified exceptions,” and those without a valid asylum claim will be subject to removal and barred from reentry for five years.

The new rule replaces Title 42, which expires on May 11, and will be open to public comment in the Federal Register for 30 days. 

“Under the proposed rule, individuals who circumvent available, established pathways to lawful migration – including those new processes announced on January 5 as well as a newly-available mechanism for migrants from any nationality to schedule a time and place to arrive at a port of entry – and also fail to seek protection in a country through which they traveled on their way to the United States, would be subject to a rebuttable presumption of asylum ineligibility in the United States unless they meet specified exceptions,” the Department of Homeland Security and Department of Justice announced.

“Individuals who cannot establish a valid claim to protection under the standards set out in the proposed rule will be subject to prompt removal under Title 8 authorities, which carries a five-year bar to reentry,” they said.


“These steps are being taken 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greatest displacement of people since World War II – and the absence of congressional action to update a very broken, outdated immigration system.,” the DOJ and DHS said in a statement.
“We are a nation of immigrants, and we are a nation of laws. 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,” DHS Secretary Alejandro Mayorkas said in a statement.
“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,” he said.
“The Department of Justice is responsible for administering the Nation’s immigration courts and ensuring that claims are adjudicated expeditiously, fairly, and consistent with due process,” Attorney General Merrick Garland said in a statement. 
“This proposed rule will establish temporary rules concerning asylum eligibility in those proceedings when the Title 42 order is lifted. We look forward to reviewing the public’s comments on this proposed rule,” Garland added.


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