The Biden administration updated its asylum restriction policy. Currently, people who cross the border between official entry points can’t apply for asylum if illegal crossings go over 1,500 a day, over a seven-day average. The new policy extends this timeframe to 28 consecutive days, which is four times longer than before.

Also, the way daily crossings are counted has changed. Now, border officials will include unaccompanied children from countries that don’t share a border with the U.S., who were previously excluded. It was found that by excluding these children it made it seem like there were fewer crossings than there actually were.

This new time extension means that there needs to be a more sustained drop in border crossings, not just a quick decrease. According to a statement from the U.S. Department of Homeland Security and the U.S. Department of Justice, this law will help ensure timely actions, make people who cross illegally ineligible for asylum (with some exceptions), and speed up the removal of those who do not qualify for protection.

This update comes after a rule issued in June 2024 that temporarily stopped noncitizens from entering the southwest border and banned asylum claims for those crossing between entry points. That rule also raised the standards for qualifying for asylum, with some exceptions including unaccompanied minors, trafficking victims, lawful permanent residents, and those with valid travel documents to enter the country.

Since the June rule was put in place, the average number of people crossing the border between official points has dropped by over 55%, according to the DHS. The agency also reports a significant increase in the number of migrants removed from the U.S. However, the asylum restriction rule is still facing legal challenges from human rights and immigration advocacy groups.

If you have questions about asylum or any other U.S. immigration-related issue, please contact us. Our clients work directly with experienced attorneys every step of the way throughout their immigration journey to maximize their odds of the best possible outcome.