Proposal prompted comparisons to Trump’s policies to limit asylum for migrants, which Biden had pledged to reverse

Democrats and immigration advocates harshly criticized Joe Biden over a new proposal that could stop migrants claiming asylum when they arrive at the US-Mexico border. One advocate said the move would cause “unnecessary human suffering”.

The pushback came after the Biden administration unveiled a proposal that would deny asylum to migrants who arrive without first seeking it in one of the countries they passed through.

There are exceptions for children, people with medical emergencies and those facing imminent threats but if enacted the new proposal could stop tens of thousands of people claiming asylum in the US.

The move prompted comparisons to Donald Trump’s attempts to limit asylum for migrants traveling through other countries, attempts repeatedly struck down by federal courts. As a presidential candidate, Biden pledged to reverse those policies.

The proposal “represents a blatant embrace of hateful and illegal anti-asylum policies, which will lead to unnecessary human suffering”, said Marisa Limón Garza, executive director of Las Americas Immigrant Advocacy Center.

“Time after time, President Biden has broken his campaign promises to end restrictions on asylum seekers traveling through other countries,” Limón Garza said in a statement.

“These are mothers, fathers, aunts, uncles and thousands of children who are simply looking for a fair chance for their case to be heard. We urge the Biden administration to abandon policy initiatives that further the inhumane and ineffective agenda of the Trump administration.”

The proposed rule was posted in the Federal Register this week, with 30 days for public comment.

Mary Meg McCarthy, executive director of the National Justice Immigration Center, said the brief comment period “suggests that the president already knows that this policy is a betrayal of his campaign promises”.

“The Biden administration’s proposed rule violates US obligations under international and US human rights law which ensures access to protection for people fleeing persecution,” she said.

“United States federal law specifically states that the right to seek asylum is not contingent on a person’s status or the way they come to the United States. Yet with this rule, the Biden administration is creating new requirements that will result in harm and death to people who need protection and must flee their homes quickly.’”

Sergio Gonzales, executive director of Immigration Hub, said the proposal “flies in the face of America’s moral leadership on the protection of refugees and President Biden’s campaign promise to rebuild a fair, humane and orderly immigration system. Instead, the proposal brings back a Trump-era ban that was declared unlawful by federal courts”.

The Biden administration faces the loss of a pandemic-era rule that has been used to expel migrants. That rule, Title 42, will likely go away in May when the national Covid-19 emergency is set to end.

Officials from the justice department have warned that unauthorized border crossing could increase to somewhere between 11,000 and 13,000 per day, up from 8,600 daily in mid-December, if no action is taken.

Republicans have hammered Biden over his handling of the border and some have pushed for impeaching Alejandro Mayorkas, the secretary of homeland security.

Biden has also drawn criticism from fellow Democrats on Capitol Hill, who urged him to abandon the idea.

In a joint statement, the Democratic senators Robert Menendez, Cory Booker, Ben Ray Lujan, and Alex Padilla said: “Last month, when the Biden administration announced it would soon be issuing a proposed rule, which in effect would function as a ‘transit ban’ on asylum seekers who don’t first apply for asylum in a transit country, we urged the administration to abandon this idea.

“We are deeply disappointed that the administration has chosen to move forward with publishing this proposed rule, which only perpetuates the harmful myth that asylum seekers are a threat to this nation. In reality, they are pursuing a legal pathway in the United States.”

Jerry Nadler, the ranking Democrat on the House judiciary committee, also criticized the proposal.

“We are deeply disappointed in the Biden administration’s proposal to limit access to asylum,” he said in a joint statement with Pramila Jayapal, a Washington state Democrat and leading congressional progressive.

“The ability to seek asylum is a bedrock principle protected by federal law and should never be violated. We should not be restricting legal pathways to enter the United States, we should be expanding them.”

Lee Gelernt, an American Civil Liberties Union attorney who challenged similar asylum restrictions under the Trump administration, said his organization would sue the Biden administration if the rule was adopted.

“We successfully sued to block the Trump transit ban and will sue again if the Biden administration goes through with its plan,” he said.