Doubling Down on Deterrence: Access to Asylum Under Biden

In January 2021, the Biden-Harris administration committed to building a “safe, orderly and humane” immigration system. However, the administration, with the cooperation and collaboration of the Mexican government, instead continues to double down on cruel, unlawful, and ineffective deterrence-based policies that block and endanger those fleeing persecution and create chaos at the U.S.-Mexico border.

While the administration has taken positive steps, like suspending and later formally terminating Trump’s Migrant Protection Protocols (MPP, also known as “Remain in Mexico”) – now ordered reinstated by a federal district court – ports of entry remain all but inaccessible to those seeking protection, and the administration is summarily expelling individuals seeking asylum and migrants in violation of domestic and international law. In August 2021, the Biden administration began to expel individuals to the Mexican southern border where they were forced into Guatemala, fueling chain-refoulement. In addition, the administration also started sending expedited removal flights to Central America.