The regulations proposed by the Department of Homeland Security and the Department of Justice give the administration greater discretion in determining who can apply for asylum in the United States based on health risks. This also applies to migrants who are subject to "suspension of expulsion", a lesser form of protection that is more difficult to obtain.
"Departments seek to mitigate the risk of a fatal communicable disease being introduced into the United States or spreading further in the country," said the rule.
During Donald Trump's presidency, the administration closed or added barriers to the way people can apply for asylum in the United States. The last proposed rule, which is yet to be subject to a public consultation period and will not take effect immediately, is likely to create similar tension.
"This would represent the complete end of asylum in the United States for new asylum seekers," said Aaron Reichlin-Melnick, political advisor to the American Immigration Council, a non-profit group that defends the rights of immigrants.
The proposed rule does not specify whether its application is specific to a global pandemic, stating that it depends on decisions made by the Secretary of Homeland Security and the Attorney General, in consultation with the Department of Health and Human Services.
US asylum laws allow the federal government to disqualify asylum seekers on certain grounds. The proposed regulations released on Wednesday would modify that to also include public health reasons.
Explaining the reason for the proposed change, the rule explains the severity of the coronavirus pandemic and distinguishes the escalation in cases in neighboring countries.
Centers for Disease Control and Prevention, the text says, have determined that "the entry of foreigners crossing the north and south borders into the United States (regardless of their country of origin) would continue to pose serious danger of COVID-19 in [points of entry] and border patrol posts at or near the land borders of Mexico and Canada. "
"It is in many ways a safety net [Centers for Disease Control and Prevention] order. If this order is quashed in court, it allows them to remove people who continue to seek asylum during the pandemic, "said Reichlin-Melnick.
A series of asylum regulations have been proposed to further limit eligible people from seeking refuge in the United States.
These proposed regulations, for example, stated that living illegally in the United States for more than a year before filing a refugee claim would be considered a "significant adverse factor", despite the exceptions that currently exist. Likewise, failure to file a tax return or to be convicted - even if it has been quashed, quashed or struck out - could be attributed to a person's refugee claim.
The draft rule released Wednesday is expected to be released Thursday in the Federal Register.
