According to internal documents obtained by CBS News, the Biden administration has finalized a sweeping restriction on asylum that it plans to use to increase swift deportations of migrants who cross the U.S.-Mexico border after the Title 42 pandemic-era emergency policy expires on Thursday.
The regulation was published on Wednesday, less than 48 hours before Title 42’s expiration, and hundreds of U.S. asylum officers were trained on how to enforce it on Tuesday. CBS News first reported on the regulation’s finalization on Tuesday, along with the guidance given to asylum officers who will be implementing it.
BREAKING: Biden breaks campaign promise, restores Trump immigration policy just one day before Title 42 expires as migrants prepare to storm the southern border.
"The Biden administration has finalized a sweeping restriction on asylum that it plans to use to ramp up swift… pic.twitter.com/YMay9swAmw
— Collin Rugg (@CollinRugg) May 10, 2023
The regulation, which is anticipated to be contested in federal court, represents the administration reverting back to a Trump-era border policy. It disqualifies migrants from U.S. protection if they do not request refugee status in another country, such as Mexico, while traveling to the southern border.
This shift has recently accelerated due to historically high levels of migrant arrivals, which have further strained an already overloaded asylum system, overwhelmed border communities, and become a political liability for Biden ahead of his 2024 campaign.
To curb the spread of Covid-19 in the early days of the pandemic, the US Centers for Disease Control and Prevention issued a public health order. This order, commonly known as Title 42 because of the corresponding section in US law, authorized officials to expel migrants at US land borders without delay.
Individuals encountered under Title 42 were either sent back to their home countries or returned to Mexico. According to data from US Customs and Border Protection, this policy has resulted in the expulsion of over 2.8 million migrants at the US-Mexico border since its implementation.
The pandemic public health restrictions under Title 42, which were implemented during the Trump administration and were used by officials to prevent migrants from entering the US-Mexico border, are scheduled to end on May 11.
During the 2020 presidential debates, Biden hypocritically said, “This is the first president in the history of the United States of America that anybody seeking asylum has to do it in another country. That’s never happened before in America.”