Under this new policy, which bears a striking resemblance to a similar asylum ban issued by President Trump in 2019, nearly all migrants who fail to seek asylum in another country first or secure an appointment to enter at a land port of entry will be presumed ineligible for asylum when they reach US territory. Instead, the same day, President Biden implemented his own ban on asylum seekers at the US–Mexico border. The Department of Homeland Security (DHS) should have promptly returned to processing migrants under our existing immigration laws, which allow people who enter without authorization to seek asylum if they successfully demonstrate a credible fear of persecution or torture. The public health order, issued by the Trump administration in March 2020, almost completely shut down asylum processing at our southern border in the last three years the US has conducted approximately 2.8 million expulsions of migrants, regardless of their reasons for trying to enter the country.
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