Biden administration will block migrants with rule that critics say resembles Trump-era ‘transit ban’

The Biden administration announced Tuesday a new policy, set to take effect when Covid measures at the southern border expire, that would place limits on migrants’ eligibility to claim asylum when crossing into the U.S. from Mexico.

The policy has received wide criticism from congressional Democrats and immigrant advocacy organizations who liken it to a “transit ban” proposed by President Donald Trump’s hard-line immigration adviser, Stephen Miller. Advocacy organizations have threatened to sue.

Under the new rule, migrants who pass through countries on their way to the U.S. and do not first claim asylum there or take advantage of other lawful pathways will be deemed ineligible to claim asylum at the southern border.

Department of Homeland Security officials have widely predicted that the nation’s immigration system will be overwhelmed when the U.S. lifts Covid restrictions known as Title 42 that have blocked more than 2 million asylum-seekers since March 2020. Barring any successful court challenges, Title 42 will expire in May, and the new policy is meant to last for two years after Title 42 ends, according to a news release from the departments of Homeland Security and Justice.

“This was not our first preference or even our second,” an administration official told reporters on a call Tuesday, adding that the Biden administration would rather Congress take action on immigration reform legislation.

“[Immigrants] will continue to have accessible and convenient ways to apply [for asylum in the U.S.],” the official said.

As announced on Jan. 5, migrants from Haiti, Cuba, Nicaragua and Venezuela will be able to apply to come to the U.S. if they can show they have a U.S.-based sponsor to support them. Migrants from other countries can apply for appointments with Customs and Border Protection at ports of entry, per previous policy. But administration officials could not tell reporters on the call Tuesday how many migrants might be able to access those appointments.

Advocates and lawyers working with asylum-seekers in Central America and those waiting in camps in northern Mexico have reported that the app for scheduling appointments often does not work and is inaccessible for many migrants.