In the Biden era, seeking asylum in the U.S. has become increasingly complex due to a series of new regulations and executive actions. On June 5, 2024, President Biden’s “Proclamation on Securing the Border” went into effect, significantly limiting the entry of noncitizens at the U.S./Mexico border. The proclamation mandates that entry restrictions be lifted only when the average number of border encounters drops below 1,500 over seven consecutive days. This new measure is part of a broader effort to control high migration rates, particularly at the southern border, during an election year.
The proclamation is just one of several new rules reshaping U.S. asylum policy. Other regulations, such as the post-Title-42 “Asylum Transit Ban” and the proposed “Application of Certain Mandatory Bars in Fear Screenings,” further restrict asylum eligibility, placing a heavy procedural burden on migrants who fear persecution in their home countries. These rules reflect the tension between the right to seek asylum and the state’s authority to control its borders.
The barriers for asylum-seekers begin even before they reach the U.S. border. Migrants must first apply for asylum in any country they pass through and be denied. Failing to do so makes them ineligible for asylum in the U.S., with only a few exceptions for those in acute danger or victims of severe human trafficking. Once at a designated port of entry, migrants must have made an appointment using the CBP One phone app. Those who fail to do so must prove that they were unable to use the app due to a significant obstacle, further complicating the asylum process.
For migrants arriving between ports of entry, the barriers are even more stringent. They must proactively express a fear of persecution, a requirement known as the “shout test.” This process lacks clarity and oversight, often leaving asylum-seekers vulnerable to being ignored or dismissed by border officers. The cumulative effect of these regulations is a system that places the burden of proof on asylum-seekers, significantly reducing their chances of finding refuge in the U.S.
The Biden administration’s approach reflects a shift toward more restrictive border policies, which critics argue undermine the right to seek asylum as outlined in international human rights law. As these procedural barriers become more entrenched, the fundamental right to seek asylum in the U.S. faces unprecedented challenges.