Biden Is Making the Same Shameful Mistakes as Trump on Immigration

On Tuesday, the Biden administration rolled out new restrictions on asylum in its latest attempt to deal with the crisis at the southern border. Under the new policy, which would take effect in May, migrants will be presumed ineligible for asylum if they fail to apply for protection in another country on their way to the U.S.

The new plan represents the most restrictive immigration plan from the administration to date, and it could affect thousands of migrants. A throwback to the Trump era, it's legally suspect, logistically unsound, and morally indefensible. And it will likely increase the suffering of migrants, while doing little to address the problems of our dysfunctional immigration system.

For starters, this new policy violates existing law. Under Trump, a similar policy was dubbed the "transit ban" and was repeatedly struck down in the courts because asylum requires physical presence in the U.S., and migrants have the statutory right to apply for it "whether or not at a designated port of arrival."