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Biden mirrors Trump in rule limiting asylum claims

The final rule will largely affect migrants traveling through Latin America to come to the United States. 

Published: May 10, 2023 2:46pm

The Biden administration is rolling out a rule Wednesday that mirrors a Trump-era policy that required migrants to be denied asylum in another country before attempting to seek asylum in the United States.

The rule comes as Title 42, a COVID-era health precaution that allowed for migrants to be quickly expelled from the U.S., expires Thursday.

The final rule will largely affect migrants traveling through Latin America to come to the United States. 

"We are finalizing a new rule to encourage individuals to use available lawful, safe and orderly pathways to enter the United States. The rule presumes that those who do not use lawful pathways to enter the United States are ineligible for asylum," Homeland Security Secretary Alejandro Mayorkas said Wednesday. 

The American Civil Liberties Union won its challenge against the Trump administration's similar policy and hinted it may pursue a legal battle over the new Biden administration policy.

"President Biden just ushered in a new period of immense suffering for people already enduring violence and persecution," said Jonathan Blazer, the group's border strategies director. "He has closed off the possibility of asylum in the United States to the majority of people seeking safety – in contradiction with our nation’s laws and values.

"In doing so, he is finishing Trump’s job rather than fulfilling his own campaign promises. This is a somber day for our country and for refugees in desperate search of safety, but the fight is far from over."

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