Biden Administration’s Asylum Ban Could Put Migrants’ Lives in Danger at the US-Mexico Border

Biden’s Border Plan Likely to Increase Migrant Deaths and Enrich Criminal Cartels, Warns Human Rights Watch

The new border plan announced by President Joe Biden, which focuses on deterrence, is set to replace Donald Trump’s abusive Title 42 policy with another policy that continues to rely on failed and deadly deterrence, according to Human Rights Watch (HRW). The HRW has warned that the plan is likely to lead to increased migrant deaths, the return of refugees to likely harm, and enrichment of criminal cartels. Biden’s revamped asylum ban policy will block asylum seekers at the border from entering the United States for five years, except for those who obtain an appointment through the cellphone application “CBP One,” which is extremely limited, leading to electronic “metering” or long waiting periods for asylum seekers in dangerous conditions.

The new policy combines elements from Trump’s policies, including hyper-expedited deportation programs that led to abuses and the asylum “third country transit ban,” which was deemed illegal by two federal courts. The United States is obligated under international law to respect the principle of nonrefoulement. Still, HRW has pointed out that the rapid removal of asylum seekers to Mexico, under the “Remain in Mexico” policy, has led to their kidnap, rape, extortion, and other abuses by criminal cartels and even Mexican officials. By continuing these rapid removals, Biden and Mexican President Andrés Manuel López Obrador are knowingly putting asylum seekers at risk.

According to HRW, Biden’s policy runs contrary to the United States’ moral fabric and longstanding tradition of providing safe haven to the persecuted, in addition to being inconsistent with the asylum law enacted by the Congress and treaties the United States has ratified. The CBP One app, on which the Biden administration’s asylum policy relies, is discriminatory and disadvantages Black and Brown asylum seekers. It frequently crashes due to the few appointments available each day and is not accessible to those without a smartphone, internet access, or a safe place to stay.

Under Biden’s new plan, asylum seekers who turn themselves in at ports of entry without accessing one of the very limited appointments on CBP One may be held in inhumane conditions in Border Patrol custody, where they will be processed for expedited removal without any adequate due process protections. Federal asylum officers who will be obligated to adjudicate claims under the rule have opposed the policy, stating that it is inconsistent with the asylum law. The new rule says that narrow exceptions will be made for people who can show they could not access the application, do not speak one of the available languages, or are illiterate, but officers of Customs and Border Protection (CBP), the agency that has abused residents and border crossers with near-total impunity, will make these decisions.

It is likely that the new policy will cause people to take more risks to enter the United States undetected. Furthermore, deterrence policies, including border militarization, have already increased border deaths to record numbers under the Biden administration. While under the Trump administration, border deaths averaged 300 each year, an already unconscionable number, but that number rose to over 850 in fiscal year 2022, under the Biden administration, which is often to seek safety, reunite with family, return home, or improve their lives.

In conclusion, HRW believes that the Biden administration must create rights-respecting border policies and stop copying Trump’s plans at the border. The United States must uphold international law and respect the principle of nonrefoulement by stopping the rapid removal of asylum seekers to Mexico, which puts their lives at risk. A more humane approach is needed to deal with issues at the United States southern border.

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