Which migrants are not eligible to apply for asylum and what measures will Biden take about it?
The Biden administration is seeking to propose a measure to quickly reject certain immigrants seeking asylum in the country.
There are several ways to legally enter and reside in the United States. One of them is through asylum. Foreigners must meet certain requirements to be able to apply for it, in addition to waiting, since the process can take years.
That is why the Biden administration is seeking to propose a measure to speed up the process and quickly reject immigrants who do not qualify.
According to Axios, the proposed rule “would allow immigration officials to bar migrants from asylum within days — if not hours — of them illegally crossing the border.”
Sources told the outlet that the measure would be aimed at “people who are considered national security risks.”
Who can apply for asylum in the United States?
According to the United States Citizenship and Immigration Services (USCIS), refugee or asylum status may be granted to people who “have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion.”
According to USCIS, refugee status is a form of protection that can be granted to individuals who meet the definition of a refugee and who are of special humanitarian interest to the United States.
The Immigration and Nationality Act (INA) defines a refugee as a person “who is outside their country of nationality, or if no nationality, their last habitual residence, and who is unable or unwilling to return to, and is unwilling or unable to avail themselves of the protection of, that country because of persecution or a well-founded fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion.”
On the other hand, asylum status is a form of protection available to people who:
- meet the definition of a refugee
- are located in the United States
- are seeking admission at a port of entry
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According to USCIS, a person can apply for asylum in the United States regardless of their country of origin or current immigration status. A person can apply for asylum regardless of their immigration status if they are not currently in deportation proceedings or demonstrate that they fall within an exception to that rule.
According to a clarification from USCIS, people who illegally enter the United States across its southwest land border or adjacent coastal borders are not eligible for asylum, unless they can demonstrate an exception to the rule. For more information about asylum, visit the United States Citizenship and Immigration Services (USCIS) web portal.