On June 4th, 2024, President Joe Biden issued an order that suspends entry of migrants crossing the U.S. border between ports of entry. This suspension is enacted after seven consecutive days when U.S. Border Patrol apprehends more than 2,500 people at the southern borders. Once in effect, the suspension can be lifted when there is a consecutive seven-day apprehension below 1,500 people per day in addition to a 14-day waiting period after that after entering the U.S. via ports of entry with an appointment on the CBP One App, the suspension of entry nor the regulation will impact these asylum seekers. However, the regulation will heavily limit the ability of migrants seeking asylum to just “walk up” to a port of entry to begin their process.
Anyone who crosses the border between ports of entry without permission during the suspension is deemed ineligible for asylum unless they qualify for exemptions or show “exceptionally compelling” circumstances. Biden’s exemptions include unaccompanied children or urgent humanitarian circumstances, which are decided on by the CBP officers.
The new system under Biden’s orders eliminates the process where immigration officers are required to inform people of their right to seek asylum and offer to conduct credible fear interviews if the person claims they fear persecution if deported. Instead, the person seeking asylum must express a fear of persecution and inform a border patrol agent of their fears to receive a credible fear interview.
Although these changes are expected to complicate the asylum process and may increase uncertainty for those migrating to the U.S. for safety, it is unlikely that the executive order will completely block all asylum seekers. The confusion that may ensue following this order further addresses the need for more comprehensive legislation to manage the complex asylum process.
