The Biden administration issued on Tuesday (21) a measure that further restricts border control of the country. This is a temporary rule that will penalize asylum seekers who cross the country illegally, or do not apply for protection in other countries on the way to the United States.

The new 153-page proposed regulation, which could affect tens of thousands of people, is the most restrictive of a patchwork of policies put in place by the Biden administration to try and manage the US-Mexico border.

“Under U.S. immigration law, migrants fleeing persecution can request asylum regardless of how they arrive on U.S. soil. Biden’s rule, slated to take effect in May and expire after two years, would presume asylum ineligibility for those who enter illegally. The penalty would make it easier for the government to deport border-crossers who express a fear of harm, potentially reducing the number who are allowed into the United States pending a hearing in swamped U.S. immigration courts”, according to The Washington Post.

After taking office, Biden reversed and eliminated many of the Trump administration’s immigration restrictions, but the president’s pledges to create a more orderly system have been undercut by frequent scenes of border chaos and record numbers of illegal crossings.

The end of the pandemic public health emergency, set by the White House for May 11, is also near. This will end border restrictions known as Title 42, which have allowed authorities to quickly expel more than 2 million migrants, including asylum seekers, since March 2020.

Under strong criticism, “administration officials on Tuesday rejected the comparison to the Trump administration, saying that it’s not a categorical ban on asylum and emphasizing efforts to expand access to legal pathways to the US, including a recently launched parole program for certain nationalities”, according to CNN News.

The Congressional Hispanic Caucus members had already expressed frustration with the government when the rule was initially announced, describing that they were taken by surprise by the new border policies and lack of engagement.

“Tuesday’s announcement carries significant political risks for the president, and the proposal was denounced by migrant advocates who are a core part of the Democratic Party base. Biden is also unlikely to win praise from Republicans who view immigration and the border as a key wedge issue for the 2024 race”, The Post reports.

It is important to note that the criminal organizations that profit from smuggling and help the entry of people into the country, are hired by migrants who already arrive in the United States in debt, and those who can not afford it often take the risk of losing the homes they gave as collateral. According to the government, the motivation for determining the new rule would be to break this cycle by directing vulnerable migrants to the online scheduling system with the chance to legally enter the United States.

The proposed rule will be published in the Federal Register for a period of 30 days for public comment and is likely to take effect in May, when Title 42 is due to expire.