President Donald Trump pursued a similar ban in 2019 but a federal appeals court prevented it from taking effect.
The Biden administration rule proposed Tuesday has to first go through a 30-day public comment period before it can be formally adopted. If adopted it would remain in place for two years.
The proposed rule establishes “a rebuttable presumption of asylum ineligibility” for anyone who passes through another country to reach the U.S. border with Mexico without first seeking protection there, according to a notice in the Federal Register. Exceptions will be made for people with an “acute medical emergency,” “imminent and extreme threat” of violent crimes such as murder, rape or kidnapping, being a victim of human trafficking or “other extremely compelling circumstances.
The rule was first mentioned in early January as part of a wider announcement by the administration to let in 30,000 migrants a month from four countries — Haiti, Venezuela, Cuba and Nicaragua — provided they apply to come to the U.S. and don’t just arrive at the border. In the ensuing weeks, the administration said migrant encounters from those countries plummeted, and they’ve hailed it as a model for dealing with immigration.
“We have an obligation to protect vulnerable migrants under domestic and international law and should not leave vulnerable migrants stranded in countries unable to protect them,” the senators’ statement read. For asylum seekers traveling north through Central America and Mexico to the U.S. border, Costa Rica and Mexico have the most robust asylum systems. Both countries, however, have been overwhelmed by the surging number of asylum applications in recent years.
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