Bloomberg Law: Illegal Immigration Crackdown

Immigration attorney Leon Fresco was interviewed on the latest episode of the Bloomberg Law Podcast regarding the Biden Administration's new policy addressing migration at the U.S. southern border. This week, the administration announced measures under which individuals who cross the border illegally will not be able to claim asylum unless they are victims of human trafficking, are minors or demonstrate other immediate humanitarian or medical needs. In addition, an executive order established a trigger of 2,500 crossings on average per day during one week to maintain the measures; once the number of crossings decreases to 1,500 per day, the restrictions will be lifted.

Mr. Fresco explained that migrants will still be able to use the CBP One app to request asylum hearings when crossing at official points of entry. He also noted a complication in the administration's plan: The statute President Joe Biden used to justify the new measures, the Immigration and Nationality Act, does not specify whether the president can restrict entry for those who have already entered — typically, these individuals are prosecuted separately for illegal entry or re-entry. Whether Biden has leeway to apply the law this way, he said, will have to be decided by the courts.

Duration: 42:17 (Mr. Fresco's interview begins the podcast)