Two years into the Biden Presidency, the discussion about how to remake the asylum system is roughly in the same place as it was at the start, jonathanblitzer writes. “It’s just a matter of time before there’s another border emergency.”
The asylum system was designed more than forty years ago, for smaller numbers of people fleeing specific conditions of persecution. Yet, in the past decade, as Congress has failed to update the immigration system in other ways, asylum has become a catchall for anyone desperate to reach the U.S. That includes people, extreme poverty, violence, and political corruption. Technically, because the terms of the U.S.
Aside from its human costs, Title 42 had two major consequences. The first was political. Lee Gelernt, a veteran A.C.L.U. attorney who challenged the policy in federal court, told me, “Had the Biden Administration ended Title 42 immediately upon taking office, the Trump policies might have been viewed as an historical aberration. We’re now in a period when people don’t automatically assume that the United States will have an asylum system.
Under this system, migrants are being offered not asylum but a two-year term to live and work in this country. After that, it’s unclear what will happen. A Democratic President would likely renew that provisional status; a Republican President would likely end it. Another program, known as family-reunification sponsorship, would open up parole for people with family members living in the U.S.
Complicating the picture further, though, is a new regulation that the Biden Administration has introduced, which states that people are not eligible for asylum if they failed to apply for it in the first country they crossed on the way to the U.S. The A.C.L.U.
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