So, the new Biden Regime policy on asylum at the land border with Mexico is out. Don’t be fooled. Nothing has changed. Catch-and-Release for illegal aliens who claim asylum will remain and be unimpeded. The Department of Homeland Security (DHS) Fact Sheet clearly states that if an alien claims or manifests a fear of return or says the magic word “asylum,” that illegal alien gets to remain in the United States.

The bait: Illegal aliens arrested at the border with Mexico, and the border with Mexico only, will not be able to claim asylum.

First, noncitizens who cross the southern border unlawfully or without authorization will generally be ineligible for asylum, absent exceptionally compelling circumstances and unless they are excepted by the Proclamation.

Fact Sheet: Presidential Proclamation to Suspend and Limit Entry and Joint DHS-DOJ Interim Final Rule to Restrict Asylum During High Encounters at the Southern Border, DHS Fact Sheet, June 4, 2024

Then the switch: Immediately after any claim of fear or asylum, the restriction on claims ends. Anyone who claims asylum or fear of return will be placed in the asylum system. The only change is that the alien must make an overt claim of asylum or claim any fear. So just say “asylum,” and the alien remains in the United States indefinitely.

Second, noncitizens who cross the southern border and are processed for expedited removal while the limitation is in effect will only be referred for a credible fear screening with an Asylum Officer if they manifest or express a fear of return to their country or country of removal, a fear of persecution or torture, or an intention to apply for asylum.  

When there are the formal exceptions which cover almost every alien, as: if they fear crime in Mexico they cannot be removed to Mexico, as no one is safe in the border areas of Mexico—that part of Mexico is a crime-infested hellhole. All minors are also exempt, and if numbers go down to 1,500 illegal aliens a day, the rule ends:

During periods of high encounters, the Proclamation will apply across the southern border … unaccompanied children, victims of a severe form of trafficking …

In addition, the suspension and limitation on entry and rule will not apply to noncitizens who use a Secretary-approved process—such as the CBP One mobile app—to enter the United States at a port of entry in a safe and orderly manner or pursue another lawful pathway.

Noncitizens who cross the southern border and who are not excepted from the Proclamation will be ineligible for asylum unless exceptionally compelling circumstances exist, including if the noncitizen demonstrates that they or a member of their family with whom they are traveling:
faced an acute medical emergency; faced an imminent and extreme threat to life or safety, such as an imminent threat of rape, kidnapping, torture, or murder; or satisfied the definition of “victim of a severe form of trafficking in persons” currently provided in 8 CFR 214.11.

This is just boob-bait-for-bubbas. We’ve seen this before.