AILA Public Statements, Press Releases

Stuck Between Congressional Inaction and Border Realities, President Biden Issues New Proclamation and Rule on Asylum

6/4/24 AILA Doc. No. 24060406. Admissions & Border, Asylum, Removal & Relief
George Tzamaras
Belle Woods


Washington, DC – Today, President Biden announced a new proclamation and rule that leverage the presidential authority in section 212(f) and 215(a) of the immigration laws to prevent migrants who enter the United States between ports of entry from accessing asylum.

Ben Johnson, Executive Director of the American Immigration Lawyers Association (AILA) stated, “The context within which this announcement comes is crucial. Addressing high migration levels at the U.S. border requires extraordinary measures to ensure America’s border processing systems are safe, orderly, and efficient while also treating asylum seekers humanely and fairly. The consequences of denying a fair and efficient process to apply for asylum to someone who is being persecuted, is literally a matter of life or death.

“Because Congress has decided to stand on the sidelines and watch rather than do its job, the Biden Administration is being forced to face this challenge alone. Unfortunately, without the resources and tools that only Congress can provide, the powers of the Executive Branch alone are insufficient to address the challenges at the border and the results are the creation of policies that put people’s lives at risk, undermine our commitment to human rights, and arguably violate current law.

“In announcing this new Presidential Proclamation, the President indicated that in the weeks ahead he would be taking steps to make the system more fair and just. For millions of Americans and their families, this is an urgent priority. We urge the administration to address the uncertainty and insecurity faced by long-time undocumented residents, many of whom are married to U.S. citizens. These American families deserve the administration's attention even as everyone focuses on the challenges at the border.”


Please note that this statement was released shortly after President Biden's press conference but before the IFR was made available; for a thorough analysis of the IFR and more resources, please see below.