The new rule authorizes border agents to screen asylum seekers for "national security, criminal, or other public safety concern[s]" at the "earliest stage possible." Those flagged as potential threats to the U.S. and its citizens can be denied entry into the U.S. immediately. / Credit: Wikimedia Commons
Washington, D.C. Newsroom, May 13, 2024 / 07:00 am (CNA).
As communities on the U.S. southern border continue to face a record surge of migrants, the Biden administration has proposed a new rule meant to stop people who pose national security threats from remaining in the country.
The Biden administration said the rule, which is set to be entered into the Federal Register today, will "enhance operational flexibility" and help the Department of Homeland Security (DHS) "more swiftly remove certain noncitizens who are barred from asylum."
"The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here," said Secretary of Homeland Security Alejandro Mayorkas.
What does the rule do?
The rule authorizes border agents to screen asylum seekers for "national security, criminal, or other public safety concern[s]" at the "earliest stage possible." Those flagged as potential threats to the U.S. and its citizens can be denied entry into the U.S. immediately.
By screening asylum seekers for national security concerns when they first enter, the rule would enable border agents to remove threats from the country immediately rather than waiting months or even years later as is often the case under the current rules.
Notably, the rule states that it "would not require" agents to conduct the screenings but instead only authorizes them to use their "discretion" when processing asylum requests.
This comes as there has been an unprecedented surge in migrants crossing the southern border and applying for asylum under the Biden administration. According to U.S. Customs and Border Protection (CBP) statistics, border agents encountered a record high of close to 2.5 million migrants at the border in the 2023 fiscal year. With well over 1.3 million encounters already in fiscal year 2024, the number of migrants crossing the border this year is on track to exceed the number in 2023.
The Biden administration admits the rule will likely not reduce the migrant surge in a significant way and that "the population to which this rule will apply is likely to be relatively small." However, the administration claims that the rule will allow them "to quickly screen out" non-meritorious asylum claims and promote greater national security by removing those who present a threat or concern.
DHS is allowing 30 days for the public to submit comments after which point the administration will consider making changes before allowing the rule to take effect.
U.S. bishops emphasize due process
Chieko Noguchi, a spokesperson for the U.S. bishops, told CNA that the conference is "reviewing the proposed rule carefully."
She pointed out that the U.S. bishops have "reiterated several times in recent months that ensuring due process for noncitizens remains an important component of this."
"Church teaching clearly acknowledges the right of countries to maintain their borders and regulate immigration, consistent with the common good. That same teaching also recognizes the right of those fleeing persecution and other conditions to seek protection," Noguchi said.
"The bishops remain committed to supporting policies that respect the sanctity of human life wherever it may be found, to include both sides of the U.S.-Mexico border."
Some Catholic leaders, meanwhile, have spoken out against the proposed rule more strongly.
Jesús de la Torre, a research fellow at the Catholic aid group the Hope Border Institute, said that if implemented as is, the rule "would undermine due process, send potential refugees back to danger, and do nothing to address humanitarian needs at the border."
According to Torre, "this new rule does nothing but increase the pain and confusion exerted against people seeking safety at the U.S.-Mexico border."
"Currently, many people are having fear screenings in CBP detention, in rushed and often not private procedures, without accessing counsel, and not knowing what they are going through," he explained. "Adding another bar to an already cruel, faulty process may send more bona fide asylum seekers into danger."
'This rule does nothing'
Andrew Arthur, a former immigration judge and resident fellow in law and policy at the Center for Immigration Studies, told CNA that the rule essentially re-implements a version of a Trump-era policy that was reversed in the early days of the Biden administration.
Though he believes the rule is "partially a political document" meant to show the administration is concerned about the border, Arthur also expressed concern that the rule "suggests" there is an imminent national security threat to the U.S.
"It doesn't make any sense for the current administration to do this, because they'd already made the determination that they weren't going to do it unless there is a serious national security or law enforcement threat that they are concerned about," he said.
Selene Rodriguez, a native of South Texas and policy leader on border security and immigration at the Texas Public Policy Foundation, told CNA that "this rule does nothing" and is essentially political theater on the part of the Biden administration.
She described the current conditions at the border as a narco culture in which drug cartels are in control. Among those most affected, she said, are the people already living in border communities.
"This border crisis has raged on for four years now," she said. "When you pull members of any of these communities together, the stories are merging, the experiences are merging, the feelings of those experiences are merging. Whether you talk to Republicans or Democrats, at the end of the day, they're like, 'We just want our home back.'"
