On February 21st, 2023, the Biden-Harris Administration issued a proposed administrative rule implementing a transit ban. This policy will penalize migrants who cross the US Mexico border without authorization and who did not seek asylum in a third country that they traveled through on their way to the U.S. by making them ineligible for asylum.
This regulation violates both U.S. and international law.
The Immigration Law & Justice Network (formerly National Justice for Our Neighbors) is deeply disappointed with the Biden administration plans to revive a version of Trump’s transit ban, an illegal and immoral policy that abandons and threatens the lives of asylum seekers to gain political points.
The proposed transit ban rule—published with just a 30-day window for public comment, which is half the time of the normal 60-day comment period—restricts access to asylum to only those who were granted prior permission to come to the U.S., are able to make an appointment to present themselves at the border using the CBPOne app, or previously sought asylum in the countries through which they traveled.
In another blow, the administration declared its intent to rush the policy into effect before May 11, which simply does not allow the administration to seriously consider public input during the statutorily required notice and comment period.
We call on President Biden to keep his promises, abandon Trump’s playbook, and restore access to asylum at our border immediately.
