Is asylum over in the United States?

Asylum is the process by which the United States grants protection to those who think they will face persecution at home. A person can come to a port of entry or even illegally enter the United States and then ask for asylum. If it is granted, they are allowed to stay and they get protection, rather than being deported into a dangerous situation. 

Technically, this legal process still exists in the United States. However, the Biden Administration recently issued a new rule about asylum, and some have claimed that this is essentially the end of asylum in the U.S. Why would they make this claim? 

A daily average of 1500 people

Essentially, the order says that asylum is going to be denied when too many people are crossing the border each day. The government wants to see the daily average drop down below 1,500 individuals daily. Only if it drops this far – and then stays there for two weeks in a row – will the order be lifted.

But what are the odds that there will actually be a two-week stretch with numbers that low? Not good. In the last hundred years, the daily average has been over 1,500 people 58% of the time. In more recent years, numbers haven’t been this low since the pandemic, and almost Biden’s entire presidency has seen higher daily averages. Without historic changes, asylum will not be reinstated under this rule.

This certainly complicates the situation for immigrants coming to the United States. Those who are seeking protection or looking into their immigration options need to know what steps to take.