The new emergency Asylum measure being proposed by the Biden administration is set to take effect in May for a period of two years in an attempt to curb the anticipated migration surge when the Trump-era Title 42 public health law is set to expire.

The proposal, now open to public comment for a period of 30 days, would limit migrants to (1) use parole pathways to enter the United States, (2) make an appointment before arriving at a port of entry, or (3) show that they had previously applied at a third country but were denied asylum before they are eligible to arrive at the U.S.-Mexico border. The rule will not apply to unaccompanied minors, those with medical emergencies, or noncitizens subject to imminent and extreme threat to life or safety.

If any migrant does not meet these requirements, they will be subject to removal under Title 8 and they will be subject to a re-entry ban for 5 years. Many anticipate that this transit ban will face legal challenges, as it is similar to the transit ban implemented under the Trump Administration in 2019, which was ultimately struck down. ILBSG will monitor this development and keep our readers updated on any new developments. If you have any questions about the new asylum measure or any other immigration-related issue, please contact an ILBSG attorney today. We are here to help.