Biden's New Asylum Rule Is Not What You Think

Parsing Immigration Policy, Episode 94

By Mark Krikorian and Elizabeth Jacobs on March 2, 2023

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Listen to "Biden's New Asylum Rule Is Not What You Think" on Spreaker.


A proposed new asylum regulation advertised as deterring illegal immigration at the southern border is unlikely to have the intended result.

Under the new rule, some aliens who have not applied for protection in a country they passed through en route to the United States may be ineligible for asylum under some circumstances. Immigration activists have decried the rule as a return to Trump-era deterrence policies but, in reality, it is nothing of the kind.

On this week’s episode of Parsing Immigration Policy, Elizabeth Jacobs, director of regulatory affairs and policy at the Center for Immigration Studies, explains how the rule is not what the administration claims or the activists fear. “There are a wide range of exceptions included in this rule that are easy to exploit and will likely swallow the rule whole,” Jacobs says.

One of the major exceptions to the rule applies to families that are determined to be eligible for withholding of removal (which, like asylum, provides protection for aliens who make certain persecution or torture claims). The Biden administration’s rule allows them to circumvent the presumption against eligibility for asylum, and as a result, creates yet another incentive for migrants to bring children with them on the dangerous journey to the southern border.

In his closing commentary, Mark Krikorian, host of Parsing Immigration Policy and executive director of the Center, draws attention to a New York Times article about child labor abuse. Most, if not all, of those abused in the workplace are migrant children. This exploitation is a direct result of the Biden administration prioritizing moving minors out of shelters and to their sponsors as quickly as possible without effectively vetting sponsors.

Mark Krikorian, the Center’s executive director and host of Parsing Immigration Policy, moderates this rebroadcast of the Center's panel.


Mark Krikorian is the Executive Director of the Center for Immigration Studies.


Elizabeth Jacobs is the Director of Regulatory Affairs and Policy at the Center for Immigration Studies.


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Intro Montage

Voices in the opening montage:

  • Sen. Barack Obama at a 2005 press conference.
  • Sen. John McCain in a 2010 election ad.
  • President Lyndon Johnson, upon signing the 1965 Immigration Act.
  • Booker T. Washington, reading in 1908 from his 1895 Atlanta Exposition speech.
  • Laraine Newman as a "Conehead" on SNL in 1977.
  • Hillary Clinton in a 2003 radio interview.
  • Cesar Chavez in a 1974 interview.
  • House Speaker Nancy Pelosi speaking to reporters in 2019.
  • Prof. George Borjas in a 2016 C-SPAN appearance.
  • Sen. Jeff Sessions in 2008 comments on the Senate floor.
  • Charlton Heston in "Planet of the Apes".
Topics: Asylum