In the past year, the Biden Administration has sought to take many important steps to rebuild the United States immigration system and improve security at the southern border. Not only have they allocated significant funding towards government agencies involved in immigration pathways and dramatically expanded America’s yearly refugee quota, they have also lifted the discriminatory Title 42 protocols which, until recently, governed immigration and border control throughout his predecessor Donald Trump’s presidency. Title 42 was responsible for over 2.7 million migrant expulsions at the Southern border between 2020 and 2022. The end of the Trump-era policy had researchers, analysts, and politicians alike predicting an unprecedented number of migrants at the border. 

In an effort to mitigate the expected flood, the Biden administration implemented new immigration and refugee protocols marketed as expansions of current legal pathways. Contrary to the administration’s commitments to rebuilding the nation’s refugee policies, however, the new rules actually narrow the refugee candidate pool, making it equally as difficult for people fleeing their countries of origin to enter the U.S. as Title 42 did. 

Title 42 was replaced by Title 8, the Immigration and Nationality Act of 1952. This set of laws have governed asylee eligibility for decades, even before the pandemic arrived in the United States. Title 42 prevented asylee entrance based on public health precautions, while Title 8 has always been concerned specifically with asylee eligibility based on the applicant’s experience in their country of origin. It requires every migrant who has filed an application claiming asylum to meet with an immigration officer at the border. At that meeting, the individual or family with the claim has the opportunity to plead their case for refugee status. They must prove that they face considerable fear of persecution in their country of origin on the basis of race, religion, nationality, membership in a particular social group, or otherwise deemed of special circumstance or interest by the President of the United States. (Immigration and Nationality Act 101 (a)(42)). This traditional process was appropriate 50 years ago when migration levels were a fraction of what they have become today.  With globalization, rising temperatures, and authoritarian regimes, asylum seekers from Central and South America will continue to make their way to the southern U.S. border seeking a better quality of life; but because of ever-changing policies make it harder than ever. 

The Biden administration recognizes the significance of the U.S. as a destination for those seeking refuge from harsh conditions in their countries of origin. In several statements released by the White House, the Biden Administration expressed its commitment to honoring America’s historical promise to receive and protect refugees. Furthermore, they wish to improve the refugee infrastructure and provide aid to other countries receiving refugees as a recognition of the need for global cooperation in solving the global migration crisis. While great in theory, new policies implemented by the administration to mitigate the processing of thousands of migrants at the border are a far cry from the promise American leaders have made. 

These policies include the CBPAccess app where asylum-seekers are required to make appointments with an immigration officer in advance of their arrival at the Southern border. Once they arrive, they must wait for a “credible fear” interview—a similar, but more strict screening than Title 8’s system. It is the first step in acquiring asylum status. Not only do migrants have to prove they meet refugee requirements, but new criteria released stipulates they must also show proof of an attempt to seek asylum in other countries they have passed through before arriving at the U.S border. These initiatives increase the obstacles for migrants, despite Biden’s plan to reduce them. 

On their perilous journeys, migrants coming from the global south must pass through treacherous terrains, endure paramilitary violence, or rely on corrupt guides to get themselves, their families, and friends to the U.S. Those who have cell phones may have limited, unsteady access to the internet. Once migrants are in Customs and Border Patrol (CBP) custody, requiring them to prove application and denial of asylum elsewhere is almost as discriminatory as Title 42, which allowed baseless expulsions. 

Even worse, Title 8 has harsher consequences if violated compared to Title 42. If a migrant was deported under Title 42 protocols and attempted to cross a second or third time, they would be sent back to their country of origin, or Mexico, instead of receiving a deportation order. Under Title 8, migrants denied asylum due to criteria failure are issued a deportation order. After being sent back to their country of origin, they must wait five years to claim asylum again. If they are caught violating this law, they are subject to harsh penalties under the U.S. justice system. 

The Biden Administration has been working on increasing legal resources available to migrants so they may have a better chance of making their case at the border. Though, the fruits of this effort have yet to be realized. Historically, attorneys have not been allowed to consult with migrants as they wait in custody. According to an ABC News reporter, CBP has been working to rectify this issue and notes that White House Officials believe it will eventually help speed up the processing of asylum seekers. Furthermore there are currently no designated areas in holding facilities for these consults to take place.  

The Biden administration stands at the forefront of a crucial point in time for migration policy, as thousands of people seek refuge in the United States. It can choose to lead migration reform with the needs of refugees and other vulnerable populations in mind; or it can stick to the status quo by prioritizing its political agenda, humanitarian and global concerns aside. Only time will tell whether the administration’s newest immigration policies will accommodate the increasing volume of migrants or perpetuate an already compromised system.