Under the new measures, migrants who claim a credible fear of persecution or torture will be screened by asylum officers but will face a heightened standard for protection. Those who fail to show a reasonable probability of harm will be promptly deported.
Biden Halts Noncitizens’ Entry At Southern Border : Exemptions and Legal Basis
The new process will exempt lawful permanent residents, unaccompanied minors, victims of “a severe form of trafficking,” and those with a valid visa or other forms of lawful permission to enter the U.S., the White House said.
The executive action relies on Section 212(f) of the Immigration and Nationality Act, which President Donald Trump relied on in several attempts to limit asylum at the southern border. Those attempts were blocked by federal courts in litigation brought by the ACLU.
Legal Challenges Ahead
Lee Gelernt, the deputy director of the ACLU’s Immigrant Rights Project, said Tuesday that the Biden administration can also expect a lawsuit over the new measures. “We intend to challenge this order in court. It was illegal when Trump did it, and it is no less illegal now,” Gelernt said in a statement.
Biden Halts Noncitizens’ Entry At Southern Border : Conclusion
Biden’s decision to halt noncitizens’ entry at the southern border marks a significant policy shift aimed at curbing illegal immigration. However, it is poised to face immediate legal challenges, as the ACLU prepares to take the matter to court.
