The Biden administration said Tuesday that it will generally deny asylum to migrants who show up at the U.S. southern border without first seeking protection in a country they passed through, mirroring an attempt by the Trump administration that never took effect because it was blocked in court.
The measure, while stopping short of a total ban, imposes highly severe limitations on asylum for any nationality except Mexicans, who don’t have to travel through a third country to reach the U.S.
The Homeland Security and Justice Departments argued that surging numbers of migrants left them with little choice. They anticipate illegal crossings to climb to between 11,000 and 13,000 a day if no action is taken after Title 42 ends, up from from an already extraordinarily high daily average of 6,500 in the government’s fiscal year that ended Sept. 30.
U.S. officials insist that the measure is different from Trump’s, largely because there is room for exemptions and because the Biden administration has made other legal pathways available, particularly humanitarian parole for Cubans, Haitians, Nicaraguans, Venezuelans and Ukrainians. Costa Rica, a country of only 5 million residents, trailed only the United States, Germany and Mexico in the number of asylum applications it received in 2021. In December, President Rodrigo Chaves decreed changes to the asylum system, alleging that it was being abused by economic migrants.
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