Biden admin considering revival of Trump-era policy to place limits on asylum seekers: report

The Biden administration is considering the revival of a Trump-era policy that places limits on which immigrants may claim asylum after crossing into the country illegally, according to multiple reports.

The plan being considered, according to reports from the Wall Street Journal and Reuters, would prevent certain migrants from claiming asylum in the United Sates if they have not sought the same protections in other countries — like Mexico — prior to their arrival in the United States. 

Mirroring endeavors that were embraced by the Trump administration to curb the massive influx of migrants at the southern border, the plan reflects the transit ban that was pushed by Stephen Miller, who served as a senior adviser to former President Donald Trump and spearheaded several immigration efforts during his tenure in the White House.

The Trump-era plan, which faced scrutiny from immigration advocates, sought to prevent migrants from claiming asylum in the United States if they did not seek the same protections in other countries.

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Since taking office in January 2021, the Biden administration has struggled to gain control of several record-breaking immigration issues facing the country.

There were more than 2.3 million migrant encounters in FY2022 and more than 1.7 million in FY2021. So far, FY2023 is on track to exceed both of those numbers. More than 73,000 illegal immigrants evaded Border Patrol agents in November, according to new data seen by Fox News, marking the highest number ever recorded at the southern border.

The plan, which Reuters reported will apply to “single adult migrants,” comes amid the looming expiration of Title 42, a Centers for Disease Control and Prevention (CDC) order that has been used to expel a majority of migrants at the southern border due to the COVID-19 pandemic.

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The Biden administration sought to wind down the order back in April but was blocked by a different federal judge. Since then, it has expanded the use of the Trump-era authority to include Venezuelan nationals, whose numbers spiked over the summer. Title 42 is set to expire on December 21 after a court found its use unlawful.

The expiration of the order has led to concerns from Border Patrol agents, as well as Republican and Democratic lawmakers, that the Biden administration may soon find itself overwhelmed with increased numbers on top of the already-historic highs it has been seeing. Title 42 authority has been used to expel migrants more than 2.4 million times since it was introduced in March 2020.

In order to be granted asylum, migrants who enter the United States illegally must show they are seeking protection from persecution elsewhere based on their race, religion, nationality, political opinions or membership in a particular social group.

Asked about the plan, a spokesperson for the Department of Homeland Security pointed to a Friday tweet from White House press secretary Karine Jean-Pierre that said, “The Administration is committed to continuing to secure our borders while maintaining safe, orderly and humane processing of migrants. This will remain the case when Title 42 is lifted. Reports that indicate U.S. policy will change are inaccurate; no such decisions have been made.”

Fox News’ Adam Shaw and The Associated Press contributed to this article.