On Tuesday, February 21, the Biden administration proposed a new temporary rule that would limit asylum eligibility for migrants who arrive in the United States without the required documentation or who have not first sought asylum protection in the countries they traveled through on their way to the United States.
The DHS and DOJ explained the third-country asylum rule is an emergency measure intended to prevent a post-Title 42 surge when the policy expires in May. The temporary rule would take effect in May and expire after two years.
Key Highlights
If approved, the proposed rule would require that migrants:
- Use parole pathways to enter the United States,
- Make an appointment for a port of entry, or
- Present proof that they had previously applied for asylum protections in a third country on their way to the US-Mexico border.
Under the proposed rule, those who do not meet these requirements would be considered ineligible for asylum, removed under Title 8, and subject to a 5-year re-entry ban.
Exceptions and Exemptions
The proposed rule provides exceptions for medical emergencies, noncitizens facing “an imminent and extreme threat to life or safety,” and unaccompanied minors.
Erickson Insights
The rule will have a 30-day comment period. Immigration advocates have criticized the rule as a near-total ban on asylum, placing conditions on who can ask for asylum at the US border.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.