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President Biden’s Executive Action and Its Impact on Asylum Policies

On June 4, 2024, the landscape of U.S. immigration policy experienced another shift as President Biden unveiled an executive action aimed at managing asylum processes along the Southern border.

The new regulation builds on last year's stringent measures, notably the Circumvention of Lawful Pathways rule. This provision was designed to promote the use of authorized entry channels into the United States, establishing a framework where those who bypass these channels face a presumption against their eligibility for asylum.

Despite these measures, the flow of migrants has not ceased, nor has our commitment to defending their legal rights. This latest executive order aims to further refine the mechanisms that manage how asylum claims are processed, adding layers of complexity for those seeking refuge.

At the Law Office Of Hari Heerekar in Los Angeles, we view these policies through a lens of rigorous advocacy and unwavering support for migrants' rights, recognizing the profound impact these decisions have on individuals desperate for safety and stability.

No Asylum for Migrants Who Unlawfully Cross the Southern Border

Under the new directive, the Biden administration has reaffirmed its tough stance against migrants who cross the Southern border unlawfully. Citing sections 212(f) and 215(a) of the Immigration and Nationality Act, the new rule is activated when the border experiences unsustainable pressures from high migrant volumes. This policy suspends the possibility of asylum for these individuals, aiming to deter illegal crossings and direct migrants towards legal channels.

However, these measures include exemptions that reflect a nuanced approach to border management. Unaccompanied minors and individuals identified as victims of severe human trafficking are not subject to these restrictions, acknowledging their particularly vulnerable status. These exceptions, while critical, underscore the broader implications of a policy landscape that increasingly restricts the avenues available for asylum, affecting countless individuals who seek refuge from violence and persecution in their home countries.

Effective Dates of Biden’s New Order

The recent executive action is structured to respond dynamically to the conditions on the ground. Having taken effect on June 5, 2024, it hinges on the daily encounter rates at the Southern border.

A mechanism is in place to suspend the order if encounters exceed 1,500 for seven consecutive days, demonstrating a lighter migratory pressure. Conversely, the policy will reactivate if the average daily encounters exceed 2,500 over a week, indicating a surge in crossings.

This responsive approach aims to balance border security with the operational capacity of border enforcement agencies. However, it also introduces a level of uncertainty for migrants and their advocates, as the policy can shift rapidly based on border crossing statistics.

For legal representatives and migrants alike, this fluctuation creates a challenging environment where planning and preparation are constantly subject to change based on external conditions rather than individual merits or humanitarian needs.

A Call for Vigorous Advocacy and Legal Resilience

As we reflect on President Biden's recent executive action and its continuity with past policies, it's clear that the road ahead for asylum seekers remains fraught with challenges. Last year's executive order did not stem the tide of migrants nor dampen our resolve to represent them fiercely. This latest order will not sway the course of U.S. elections nor alter our commitment to justice.

At the Law Office Of Hari Heerekar, we believe these policies fail to address the core issues at the heart of migration and asylum. We continue to stand with those who seek refuge and a new beginning in the United States, providing robust legal support and advocacy. For those affected by the changing tides of immigration policy, our doors remain open.

We provide dedicated, forceful legal representation that tackles our client’s cases and champions their causes. Together, we navigate the complexities of immigration law, making voices heard and defending rights.

Schedule a consultation with our Los Angeles lawyer by calling (213) 682-2338 or connecting online.