Presidential Proclamation Imposes Restrictions on Asylum

Facing intense political pressure as a result of enforcement policies, and after the failure of bipartisan legislation to address border security, President Biden issued a proclamation on June 4, 2024, intending to strengthen border security, restrict asylum eligibility, and increase the consequences for those who enter without authorization on the southern border.

The proclamation gives the President authority to temporarily bar entry of noncitizens at the southern border, generally restricts those who enter irregularly from applying for asylum, and both limits and heightens requirements screenings for eligibility to apply for fear-based humanitarian protections in the United States. These provisions, which the administration refers to as an extraordinary “stop-gap,” are inconsistent with U.S. refugee and asylum law, and their legality will likely be challenged and overruled in federal courts.