The rule is meant to mitigate a surge of migration that the administration anticipates will follow after the COVID-19 public health emergency ends on May 11.
Meanwhile critics of the administration's planned restriction have compared it to a "transit ban" that was implemented by Trump to prevent granting asylum to migrants who had traveled through other countries to reach the U.S.
Immigrants keep warm by a fire at dawn after spending a night alongside the U.S.-Mexico border fence on Dec. 22, 2022 in El Paso, Texas.Migrants are processed at the intake area in the Department of Homeland Security holding facility run by the Customs and Border Patrol on March 30, 2021 in Donna, Texas.
"We will sue if this administration goes through with its proposed asylum ban, just as we successfully sued over the Trump asylum bans," American Civil Liberties Union attorney Lee Gelernt said in a statement provided to ABC News. Gelernt previously challenged the Trump administration's sweeping asylum restriction, which was eventually struck down in federal court.
Migrants spend the night outside, near the U.S.-Mexico border fence while waiting to make asylum claims in El Paso, Texas on Dec. 21, 2022 as seen from Ciudad Juarez, Mexico.Eleanor Acer, the director of Refugee Protection at Human Rights First, said that the Biden administration's approach to the issue endangers migrants in similar ways as under Trump.
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