--- title: Advocates See Echoes of Trump in Biden’s Asylum Actions description: Since President Biden signed an executive order last week, limiting claims at the U.S.-Mexico border, immigration rights groups and lawyers see parallels in former President Trump's policies. canonical: https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/ author: Rebecca Schneid article:opinion: false article:content_tier: free article:published_time: 2024-06-12T16:25:46.000Z article:modified_time: 2026-10-19T07:43:20.909Z article:section: Politics og:title: Advocates See Echoes of Trump in Biden’s Asylum Actions og:description: Biden signed an order to limit claims at the U.S.-Mexico border. Advocates see parallels from Trump's policies. og:url: https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltc3a469b33442a3cb/698a57c9929fadfee1bfc9fa/Asylum-Seeker-Arrest.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: U.S. President Joe Biden Unveils Immigration Order Severely Limiting Asylum-seeker Crossings og:type: article twitter:card: summary_large_image twitter:title: Advocates See Echoes of Trump in Biden’s Asylum Actions twitter:description: Biden signed an order to limit claims at the U.S.-Mexico border. Advocates see parallels from Trump's policies. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltc3a469b33442a3cb/698a57c9929fadfee1bfc9fa/Asylum-Seeker-Arrest.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # ‘We’ve Been Here Before.’ Immigrant Advocates See Echoes of Trump in Biden’s Asylum Actions > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME Newsletters: Reference Facts and FAQ ### Definition TIME publishes seven free email newsletters, written and edited by TIME journalists, reaching more than 1.1 million engaged readers. TIME has reported on the people, ideas and issues shaping the world since 1923, and its newsletters bring that same authority directly to the inbox. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=855e89df-fd6f-4f56-a7bc-e87dcd9b587d&cr=time-nl-network-2026q3-v1) ## Video: Biden Rolls Out Migration Order That Aims to Shut Down Asylum Requests [Watch (HLS stream): Biden Rolls Out Migration Order That Aims to Shut Down Asylum Requests](https://cdn.jwplayer.com/manifests/rwg0LbE4.m3u8) (1:40)  _Published 2024-06-04. President Joe Biden is expected to sign an executive order Tuesday that would allow his Administration to halt asylum claims at the U.S.-Mexico border once apprehensions at the border reach 2,500 per day._  by [Rebecca Schneid](https://time.com/author/rebecca-schneid/)  ## Rebecca Schneid Reporter Jun 12, 2024 4:25 PM UTC President Joe Biden is expected to sign an executive order Tuesday that would allow his Administration to halt asylum claims at the U.S.-Mexico border once apprehensions at the border reach 2,500 per day.  by [Rebecca Schneid](https://time.com/author/rebecca-schneid/)  ## Rebecca Schneid Reporter Jun 12, 2024 4:25 PM UTC Since President Joe Biden [signed an executive action](https://time.com/6985347/biden-executive-order-border-immigration-asylum/) last week cracking down on asylum claims at the U.S.-Mexico border, immigrant rights groups and lawyers are drawing on a familiar playbook for how to respond. “We’ve been here before in the Trump era,” says Lindsay Sara Toczylowski, executive director of Immigrant Defenders Law Center (ImmDef) in California. “We know that in the coming days we are going to see people who have been deported without due process. It will be a huge challenge legally because they will potentially have no appeals rights, but we will try to document what’s happened and do what we can.” Biden’s policy halts asylum claims at the border once apprehensions reach 2,500 per day—a number that’s already exceeded. The usual asylum screening can restart once there is a daily average below 1,500 for seven days in a row, and an additional two weeks has passed. In addition to the asylum limit, the Biden Administration also directed that the minimum time asylum-seekers have to find consultation was reduced to four hours from 24 hours, a time frame that Toczylowski calls “laughably” short. Keren Zwick, litigation director at the National Immigrant Justice Center, is already preparing for the fight against the executive actions in court alongside the ACLU. The [ACLU released a memo ](https://www.aclu.org/press-releases/executive-order-to-shut-down-the-border-would-put-thousands-of-lives-at-risk)on June 4, soon after Biden signed the executive action, outlining their intent to challenge the order in court and stating, “It was illegal when Trump did it, and it is no less illegal now.” [Throughout 2018 and 2019,](https://immigrantjustice.org/timeline-trump-administrations-efforts-end-asylum#:~:text=In%20July%202019%2C%20the%20administration,U.S.%20through%20the%20southern%20border.) former President Donald [Trump attempted to](https://time.com/5626498/trump-asylum-rule-international-law/) change [asylum rules](https://time.com/5604991/donald-trump-migrants-asylum/) through multiple policy changes, including the ["Remain in Mexico" ](https://time.com/6075516/remain-in-mexico-wind-down-left-out/)policy, and an asylum ban on those who passed through another country before reaching the U.S. In response to the asylum ban, The ACLU filed suit, arguing that the Trump Administration had violated the rules set in place by Congress on establishing a “safe third country,” which is an agreement established with the [Immigration and Nationality Act](https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act) which allows another country to process asylum claims instead of the U.S. In July 2020, a federal judge in Washington, D.C. blocked Trump’s asylum ban. Biden also took steps to end Trump’s “Remain in Mexico” policy when he took office. Zwick says that the real challenge is going to be finding plaintiffs for their lawsuit, which means finding people directly harmed by the rule. That’s going to be particularly difficult if those directly harmed by Biden’s executive action are swiftly deported from the United States with the shortened consultation period of four hours. She and her team are potentially going to have to search for people who have already been deported, traveling to their country of origin. “During the Trump Administration, we did have to go to Guatemala, so this isn't a new problem for us,” Zwick said. “It's just new that it's a Biden-related problem.” Trump’s rule was [blocked by the courts](https://www.aclu.org/cases/east-bay-sanctuary-covenant-v-barr?document=east-bay-sanctuary-covenant-v-trump-ninth-circuit-ruling) in 2021\. The Biden Administration argues that the latest actions are necessary to streamline a backlogged system and pushes back against comparisons to Trump’s policies. “The Trump Administration attacked almost every facet of the immigration system and did so in a shameful and inhumane way,” a senior Administration official said on June 4\. “The actions that we are taking today will only apply during times of high encounters,” the official noted, adding that there are exceptions to the rule that differentiate it from those put forth by the Trump administration. “The action will not ban people based on their religion. It will not separate kids from their mothers.” Both in the U.S. and in shelters in Tijuana, ImmDef provides “Know Your Rights'' presentations that help migrants understand what is expected of them by border officials, including what will happen in credible fear interviews. When asylum-seekers enter the United States, they are referred to U.S. border officials who conduct a credible fear interview (CFI), in which the official determines whether the migrant seeking asylum has a “credible fear” of returning to their home country. Toczylowski says ImmDef is redoing its “Know Your Rights” presentations in light of the new actions and rethinking its strategies, keeping in mind LGBTQ migrants, indigenous language speakers, and those who they see as most vulnerable after this new policy. Even with Biden’s action, people who legitimately fear being tortured or persecuted in their home country can still seek protection in the United States and will be screened by U.S. asylum officers, but with more scrutiny than before. If that screening is passed, they can pursue limited forms of humanitarian protection. The executive action outlines specific [exceptions](https://www.dhs.gov/news/2024/06/04/fact-sheet-presidential-proclamation-suspend-and-limit-entry-and-joint-dhs-doj#:~:text=Lawful%20permanent%20residents%2C%20unaccompanied%20children,are%20excepted%20from%20the%20Proclamation.) to the asylum rule for humanitarian reasons, specifically unaccompanied children and victims of a severe form of trafficking. Still, Jennifer Babaie, director of advocacy and legal services at Las Americas Immigrant Advocacy Center, which provides free and low-cost legal services to migrants and refugees in West Texas, New Mexico and Ciudad Juarez, Mexico, says she believes the rule will not change how many people are attempting to cross the border; it will only hinder their ability to receive help. “The new rule is punitive in that legally, it's taking away asylum and just access to that kind of relief for the majority of individuals, but it's not doing anything to stem or block people from walking up to the port of entry,” Babaie says. “It's just increasing the penalty for even being brave enough to do that and requesting asylum.” Toczylowski of ImmDef agrees, and believes that these deterrence policies are not realistic, since those seeking asylum are not fleeing their home countries because of, or in spite of, U.S. policies, but for their safety and survival Toczylowski says this feels like a “betrayal” from what she and other immigration rights lawyers and activists were told on [Biden’s campaign trail. ](https://time.com/5909571/joe-biden-immigration-policy/) Babaie agrees, noting how often Las Americas has sat down with government agencies to relay “on-the-ground” needs from group on the border, asking the Administration to focus on “human-centered” solutions. “It’s not a lack of information, it’s a willful choice,” Babaie said. “I think it’s a disservice to the public that they’re being told this was necessary.” ## Transcript [00:00] I've come here today to do what Republicans in Congress refused to do. [00:04] Take the necessary steps to secure our border. [00:07] Four months ago, after weeks of [00:11] intense negotiation between my staff and Democrats and Republicans, [00:15] we came to a clear bipartisan deal. [00:20] It was the strongest border security agreement in decades. [00:23] But then Republicans in Congress, [00:26] not all but walked away from it. [00:28] Why? Because Donald Trump told them to? [00:32] He told the Republicans it has been published widely by [00:35] many of you that he didn't want to fix the issue. [00:38] He wanted to use it to attack me. That's what he wanted to do. [00:42] It was a cynical and extremely cynical political move and [00:47] a complete disservice to the American people who are [00:49] looking for us not to weaponize the border, but to fix it. [00:53] Today, I'm joined by a bipartisan group of governors, [00:57] members of Congress, mayors, [00:59] law enforcement officials, most of whom live and work along the southern border. [01:04] They know the border is not a political issue to be weaponized. [01:08] The responsibility we have to share to do something about it. [01:12] They don't have time for the games played in [01:15] Washington and neither do the American people. [01:18] So today, I'm moving past Republican obstruction and using the executive authorities [01:22] available to me as president to do what I can on my own to address the border. [01:28] Frankly, I would have preferred to address this issue through a bipartisan legislation [01:33] because that's the only way to actually get the kind [01:36] of system we have now that's broken, fixed. ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/"},"headline":"‘We’ve Been Here Before.’ Immigrant Advocates See Echoes of Trump in Biden’s Asylum Actions","datePublished":"2024-06-12T16:25:46.000Z","dateModified":"2026-10-19T07:43:20.909Z","description":"Biden signed an executive order last week, limiting claims at the U.S.-Mexico border, advocates see parallels from Trump's policies.","url":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/","keywords":["Immigration","News Desk"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/bltc3a469b33442a3cb/698a57c9929fadfee1bfc9fa/Asylum-Seeker-Arrest.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Rebecca Schneid","jobTitle":"Reporter","url":"https://time.com/author/rebecca-schneid/"}],"articleSection":"Politics","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/bltc3a469b33442a3cb/698a57c9929fadfee1bfc9fa/Asylum-Seeker-Arrest.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"U.S. President Joe Biden Unveils Immigration Order Severely Limiting Asylum-seeker Crossings","caption":"U.S. President Joe Biden Unveils Immigration Order Severely Limiting Asylum-seeker Crossings","creditText":"Qian Weizhong —Getty Images/VCG","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://time.com/section/politics/","name":"Politics"}},{"@type":"ListItem","position":2,"item":{"@id":"https://time.com/tag/immigration/","name":"Immigration"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/","name":"‘We’ve Been Here Before.’ Immigrant Advocates See Echoes of Trump in Biden’s Asylum Actions"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"Biden Rolls Out Migration Order That Aims to Shut Down Asylum Requests","description":"President Joe Biden is expected to sign an executive order Tuesday that would allow his Administration to halt asylum claims at the U.S.-Mexico border once apprehensions at the border reach 2,500 per day.","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/rwg0LbE4/poster.jpg?width=720","uploadDate":"2024-06-04T19:29:48.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/rwg0LbE4.m3u8","embedUrl":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/","duration":"PT1M40S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/6987846/biden-asylum-us-mexio-border-immigration-policy/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```