Today, the Biden administration published a notice of proposed rulemaking (NPRM) that will further curtail the right to seek asylum in the United States. The proposed rule is a temporary measure, which will go into effect for 24 months after the Title 42 order is lifted (expected to occur on May 11, 2023).  

Under the NPRM, individuals who present themselves at the southern border will be presumed ineligible for asylum unless they 1) were granted prior permission to come to the United States via a DHS-approved parole process, 2) were able to make an appointment to present themselves at the border using the smartphone app, CBP One, or 3) previously sought asylum in a country or countries through which they traveled and were denied.  

“The United States must follow through on its commitment and abide by its own laws to accept individuals seeking asylum,” USCRI President and CEO Eskinder Negash said. “Continuing to leave asylum seekers in Mexico is not a solution.” 

USCRI urges the Biden administration to uphold U.S. and international law and the principle of non-refoulement by allowing individuals to apply for asylum regardless of their manner of entry. Targeting the southern border will disproportionately affect asylum seekers from Latin America.  

USCRI warns about the temporary nature of the proposed rule. As evidenced by the prolongation of the rescission of the Migrant Protection Protocols and the lifting of the Title 42 order in the courts, rules of this nature have been difficult to end in addition to having long-lasting impacts and unintended consequences.  

USCRI, founded in 1911, is a non-governmental, not-for-profit international organization committed to working on behalf of refugees and immigrants and their transition to a dignified life. 

For press inquiries, please contact: aplazasrocha@uscrimail.org.