On Wednesday, the Biden administration implemented an executive order to limit daily asylum claims at the southern border and to temporarily close the border to migrants if the limit is bypassed.
Denying people the right to claim asylum and humanitarian protection is illegal under international law and U.S. refugee law. It will put migrants at greater risk of harm and abuse, particularly women.
Meanwhile, on Tuesday, Republican lawmakers in Arizona approved a ballot measure for voters in November that would make crossing the border without prior authorization, which could include the process of seeking asylum, a state crime.
At the national or state level, focusing solely on border security as a proxy for immigration policy is reactive and ineffective, and it will undermine both human rights and national security.
Executive action to close the U.S. border and limit asylum claims does not change the established right to protection under international law for any person fleeing persecution.
Seeking asylum at the border, and within the United States, is legal and has no quota. Turning asylum seekers away is not.
This policy will force asylum seekers to stay in precarious settings at the border indefinitely or seek more dangerous routes — not unlike the “Remain in Mexico” policy that President Biden had previously called “dangerous” and “inhumane.”
Of all sectors along the southern border, Arizona’s Tucson sector has seen the highest number of migrants crossing the border in 2024.
Research has shown that deterrence measures like border enforcement may not stop migrants trying to reach the U.S. but just encourage them to take different and more dangerous routes.
A recent report from Oxfam America and the Tahirih Justice Center also demonstrates that a longer wait at the border increases the risk of gender-based violence and targeted harm by organized criminal networks.
This decision by the Biden administration will endanger asylum seekers, contradicting humanitarian principles and protection of human rights.
Closing the southern border fails to address U.S. immigration policy’s most systemic challenges, including a lack of sufficient legal pathways for immigration and burdensome administrative processing.
It does nothing to respond to the housing and homelessness crisis in cities and towns that welcome new migrants across the country.
It does not address the budget deficits that cities and states across the country face when called upon to expand service provision. In New York, more than 180,000 migrants have arrived since 2022, far outnumbering space in temporary housing locations.
In November, I visited housing shelters on both sides of the San Diego-Tijuana border crossing, where migrant shelters have been operating at or above capacity since fall 2022.
Amid the complex landscape of current U.S. migration policy, there are past successes on which to model a comprehensive response.
In 2015, Germany faced an increase in migration due to the Syrian conflict.
My research has shown that by quickly amending federal land use laws to facilitate rapid construction of housing, allocating flexible funding for social services expansion, and distributing resources to regional and local governments, Germany navigated the short-term challenges of housing and services while building a path toward integration for migrants.
In one city, Hamburg, the regional government funded and completed new construction of more than 16,000 new temporary and long-term affordable housing units in three years, responding to a local housing crisis for residents and migrants alike.
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While not devoid of difficulties, Germany’s approach highlights the potential of coordinated federal policy, increased funding at multiple governmental levels and proactive housing initiatives.
These efforts can address structural challenges and benefit cities across Arizona and the U.S. that are welcoming migrants.
Closing the border to asylum seekers will put human rights at risk, prompt long legal challenges and divert attention from broader immigration reform needs.
Congress must enact comprehensive immigration policy reform.
That includes expanding safe and legal immigration pathways, bolstering asylum, refugee and humanitarian parole policies and increasing processing capacity.
As we await action by Congress, the Biden administration should prioritize migrant protection and support for receiving communities in the U.S.
Closing the border does just the opposite.
Jessica Sadye Wolff leads the Migration and Development Initiative at Stanford University’s Immigration Policy Lab and is a fellow with the Truman National Security Project. She previously worked for the International Rescue Committee, an international development and resettlement agency. Reach her at jswolff@stanford.edu.
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