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The Biden administration has announced tougher asylum restrictions for migrants attempting to claim asylum at the US-Mexico border.

What’s the deal: The Biden administration’s new directive to the Department of Homeland Security requires daily border crossings to remain below 1,500 for 28 consecutive days before asylum processing can resume. This policy replaces an earlier rule that set the threshold at 7 days and is designed to prevent short-term fluctuations, such as holiday or weather-related dips, from affecting border management.  

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Exceptions: Under Biden’s new asylum rules, there are still exceptions and legal ways for migrants to seek refuge. Unaccompanied minors are still protected and will be processed under asylum laws, no matter how they arrive. Migrants can also seek asylum if they secure appointments through the CBP One App at designated ports of entry. Additionally, citizens from Cuba, Haiti, Venezuela, and Nicaragua can temporarily enter the US for two years if they have a US-based financial sponsor.

What US officials are saying:  During a phone briefing, administration officials were asked if the new threshold was feasible. An administration official said, “We do think that this threshold is attainable and that as outlined in the rule, it kind of represents the capacity point at which or under which point the immigration system is resourced to appropriately manage and respond to the level of encounters we’re seeing on the border.”

Criticism: The ACLU and the American Immigration Lawyers Association criticized the Biden administration’s move. In a joint statement, the groups said, “The Rule flouts domestic asylum law and the United States’ obligations under the Refugee Convention, and will face immediate legal challenge in the courts.”

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