On February 21, 2023, the Biden Administration announced a new notice of proposed rulemaking that is set to take effect on May 11, 2023, the date when existing COVID measures at the southern border are set to expire, that would place limits on migrants' eligibility to claim asylum when crossing into the United States from Mexico.
Under the new rule, migrants who pass through countries on their way to the United States and do not first claim asylum there or take advantage of other lawful pathways will be deemed ineligible to claim asylum at the southern border.
The measure, which would be valid for two years, was officially published on February 23, 2023, and comments from the public will be accepted for 30 days. The regulation will not take effect until after the Biden Administration responds to comments from the public.
President Biden's proposed policy plans to revive key features of the 2021 Trump-era asylum transit ban, and many immigrants' rights organizations have pledged to sue the Biden Administration in efforts to halt the implementation of the policy. Stakeholders are strongly encouraged to submit comments opposing the Biden Administration's proposed rule through the Federal eRulemaking Portal.