How Biden’s Asylum Order Works

The president issued an executive order that essentially blocks asylum claims at the southern border, a major shift in how the United States has handled claims for protection.

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President Biden’s order is intended to deter illegal border crossings, an issue that has weighed on his political fortunes as he heads into the November presidential election.

President Biden announced an executive order on Tuesday to essentially block asylum at the southern border, a major shift in how the United States has historically handled claims for protection.

The move, a suspension of longtime guarantees that give anyone who steps onto U.S. soil the right to seek a safe haven, is intended to deter illegal border crossings, an issue that has weighed on Mr. Biden’s political fortunes as he heads into the November presidential election.

Here is how it will work.

What does the order say?

The order suspends entry of migrants who cross the southern border illegally and was set to take effect at 12:01 a.m. Wednesday, barring legal challenges.

The order will be lifted if the government certifies that fewer than 1,500 people a day on average crossed the border in the span of a week. It can kick back in if the numbers go above 2,500 a day, on average, in a given week.

On Monday, around 3,500 people crossed without authorization, in line with the trends of recent weeks, according to a person with knowledge of the data, so the numbers would have to fall substantially for the suspension to end.

Mr. Biden said in the order that despite a recent decline in crossings from historic highs, the numbers at the border continued to exceed the government’s “capacity.” The order also called on Congress to update immigration laws.

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