The Biden administration is expected to end the asylum limits at the U.S.-Mexico border by May 23 that were put in place to prevent the spread of COVID-19, according to people familiar with the matter.
The decision, not yet final, would halt use of public health powers to absolve the United States of obligations under American law and international treaty to provide haven to people fleeing persecution.
Ending the limitations in May would allow for time to prepare at the border, the people said. But the delay runs against the wishes of top Democrats and others who say COVID-19 has long been used as an excuse for the U.S. to get out of asylum obligations.
It also raises the possibility that more asylum-seeking migrants will come to the border at a time when flows are already high. The Department of Homeland Security said Tuesday that about 7,100 migrants were coming daily, compared with an average of about 5,900 a day in February and on pace to match or exceed highs from last year, 2019 and other peak periods.
The people familiar with the plans saw a draft report that has not been finalized and they spoke to The Associated Press on condition of anonymity to discuss the plans.
The limits went into place in March 2020 under the Trump administration as coronavirus cases soared. While officials said at the time that it was a way to keep COVID-19 out of the United States, there always has been criticism that the restrictions were used as an excuse to seal the border to migrants unwanted by then-President Donald Trump.
It was perhaps the broadest of Trump’s actions at the border to restrict crossings and crack down on migrants. The health order has caused migrants to be expelled from the United States more than 1.7 million times since March 2020 without a chance for them to request asylum.
The limits took effect over the objections of CDC officials, and Dr. Martin Cetron of the Division of Migration and Quarantine refused the order to begin its use. He said there was no public health basis for such a drastic move, the AP reported. But then-Vice President Mike Pence ordered the CDC’s director to use the agency’s emergency powers and it went into effect.
The limitations on seeking asylum became more difficult to defend on scientific grounds as mask mandates were lifted, vaccination rates climbed and COVID-19 rates dropped among migrants crossing from Mexico.
Homeland Security officials, Senate Majority Leader Chuck Schumer of New York and other top Democrats were increasingly vocal about wanting to end so-called Title 42 authority, named for a 1944 public health law to prevent communicable disease.
