Biden administration to propose narrow asylum regulation as border crisis remains top issue: report

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The Biden administration is reportedly planning to announce an asylum regulation as early as Thursday that would allow officials to remove some illegal immigrants earlier in the asylum process. However, it is far short of broader changes envisioned by either the administration or Republicans.

The Department of Homeland Security is planning to issue a regulation that would apply denials to eligibility for those claiming asylum at the initial screening stage at the border rather than during the interview stage, Politico reported.

Should migrants fail to meet those criteria, it would allow officials to expedite their removal. Officials told the outlet it would allow officials to move more quickly on those who are national security or public safety threats.

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President Biden walks along a stretch of the U.S.-Mexico border in El Paso, Texas, on Jan. 8, 2023. (AP Photo/Andrew Harnik, File)

It is unclear to what extent the rule would change the situation at the border. The rule would likely only apply to those who are screened for an asylum claim. The Biden administration last year implemented a broader asylum rule that makes illegal immigrants ineligible for asylum if they have crossed multiple countries without claiming asylum. Since that rule was enacted, the border saw a monthly record for border crossings in December, although numbers have since decreased.

The rule would also be far short of sweeping changes proposed by the Biden administration, which has called on Congress to provide additional funding and a sweeping immigration reform bill it introduced on day one to tackle what it says is a "broken" system.

More recently, it has called for the passage of a bipartisan border agreement that would provide additional funding and implement an expulsion mechanism that would come into play if encounters rose above an average of 5,000 a day. Conservatives rejected the agreement, arguing it normalized already excessive levels of illegal immigration.

"Look, folks, it's been a simple choice," Biden said at the State of the Union in March. "We can fight about fixing the border, or we can fix it. I'm ready to fix it. Send me the border bill now."

It has also been reported by multiple outlets that the administration is considering the use of a law known as 212(f), which allows the president to suspend the entry of foreign nationals if he determines it is not in the best interest of the country. 

Migrants are apprehended near the border in New Mexico on April 12. (Fox News)

Republicans have said the Biden administration can fix the crisis by itself by ending its current policies and resuming Trump-era policies they believe largely solved the border crisis. They point to border wall construction, the Remain-in-Mexico policy and increased interior enforcement.

Republicans in the House also passed their own sweeping border security package last year, which includes additional funding and measures to shut down parole and the entry of migrants into the interior. But that bill has failed to make progress in the Democrat-controlled Senate. 

House Homeland Security Committee Chairman Mark Green, R-Tenn., was unimpressed by reports of the rule and downplayed how effective it would be.

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"This rule appears to be an unserious, politically motivated attempt to address a significant problem the Biden administration itself created. The proposed rule will reportedly only apply to illegal aliens who are believed to be either a national security or public safety threat," he said in a statement. 

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"The rule will not impact or reduce the millions of illegitimate asylum claims being filed by economic migrants. The department currently cannot properly vet the vast majority of illegal aliens crossing the border, as numerous tragic reports from our communities make clear. The Biden administration, however, would have us believe that vetting under this rule will somehow be effective.

"All that migrants will have to do is say the magic words to get to their credible fear interview. Nothing will change."

Fox News’ Tyler Olson and Bill Melugin contributed to this report.

Get the latest updates on the ongoing border crisis from the Fox News Digital immigration hub.