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National Immigration Project Denounces Biden Administration’s New Asylum Transit Ban

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Posted: May. 10, 2023

For Immediate Release
May 10, 2023

Arianna Rosales,

Washington, DC–Today, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) released a new asylum transit ban rule that the Biden Administration will use to ramp up swift deportations of migrants who cross the U.S.-Mexico border. The sweeping new restrictions are slated to go into effect on May 16, 2023, just five days after Trump-era policy Title 42 is scheduled to end. 

Alarmingly, under the new asylum ban, many asylum seekers will be denied access to the U.S. asylum system. While citizens of some countries can seek parole from abroad, the vast majority of asylum seekers do not have this option. Instead, those looking for safety by seeking asylum in the United States will be forced to use a glitchy Smart Phone App, that is only available in three languages, and has repeatedly failed to function correctly for those with darker skin tones. Asylum seekers who cannot access either of these limited “lawful pathways” will have to prove that they sought asylum and were denied in a country through which they transited to the United States. Anyone who cannot prove that they did so, will be barred from asylum, having to meet a higher burden to show that it is “more likely than not” they will be persecuted or tortured if returned to their country to even have a day in court. 

In response, Victoria Neilson, Supervising Attorney at the National Immigration Project, said: 

“The Biden administration has had months to prepare for the ending of Title 42 and live up to the promise it made to create a more humane immigration system. And yet, rather than live up to the promises it made to immigrant communities, it has chosen to take a page from Stephen Miller’s playbook and pivot back to the Trump-era policies it once so ardently denounced.

“People fleeing violence and oppression have the right to apply for asylum in the United States and have their cases heard while remaining safe and treated with dignity and respect. We call on the Administration to restore access to the asylum system for everyone, as is required by law.”


The National Immigration Project (NIPNLG) is a national non-profit organization that provides technical assistance and support to community-based immigrant organizations, legal practitioners, and all advocates seeking and working to advance the rights of noncitizens. NIPNLG utilizes impact litigation, advocacy, and public education to pursue its mission. Learn more at Follow NIPNLG on social media: @NIPNLG on Facebook, Twitter, and Instagram.