As Title 42 expires, is Joe Biden doing what he condemned Donald Trump for?

The final time Joe Biden and Donald Trump shared a debate degree, the Democratic presidential nominee time and again attacked his opponent over his management’s immigration insurance policies.

(*42*)”This is the first president in the history of the United States of America that anybody seeking asylum has to do it in another country. That’s never happened before. That’s never happened before in our country,” Biden stated with outrage.

(*42*)”You come to the United States, and you make your case. That’s how you seek asylum, based on the following premise: Why I deserve it under American law,” the previous vp added on the time.

(*42*)But now, that very grievance has come again round greater than two years into Biden’s personal time period as a result of critics — together with contributors of his personal celebration — human rights teams, and immigration attorneys say he has now applied one thing on the subject of what his predecessor did.

(*42*)”Promises broken,” tweeted Julián Castro, who served with Biden in President Barack Obama’s cupboard and ran towards him all over the 2020 Democratic number one.

(*42*)Biden management officers, alternatively, are fast to reject that concept, announcing the brand new restrictions on asylum that the Biden management introduced on Wednesday don’t shut off the chance to hunt asylum like Trump attempted to do.

(*42*)”This is not a ban on asylum. This is very different than the asylum ban that President Trump issued,” Homeland Security Secretary Alejandro Mayorkas advised ABC News Wednesday. “Our president has led the expansion of lawful pathways more than anyone in our history.”

(*42*)The ban is other from Trump’s in a vital method. After penalizing Guatemala, Honduras and El Salvador with cuts in assist, the Trump management was once in a position to pressure the 3 Central American international locations to signal agreements announcing they had been so-called “safe countries” — which means ones during which migrants searching for asylum must follow for the prison coverage.

(*42*)This supposed that migrants achieving the southern U.S. border may now not qualify for asylum in the event that they transited a type of 3 international locations — a coverage {that a} federal pass judgement on in the long run struck down in Trump’s ultimate days in place of business.

(*42*)”Rather than ensure their safety, the rule increases the risk asylum applicants will be subjected to violence,” Judge Jon Tigar wrote, including it was once “inconsistent with existing asylum laws” and “deprives vulnerable asylum applicants of essential procedural safeguards.”

(*42*)But Biden’s rule is fairly equivalent. It calls for a migrant searching for asylum to have first carried out for and been denied the prison coverage out of the country. If now not, it doesn’t suggest an outright rejection like underneath Trump, however a “presumption of ineligibility.” In different phrases, an asylum-seeker would nonetheless have the danger to use for asylum after crossing the border, however they would have to fulfill a “higher threshold of proof” that they have got a “credible fear” of returning to their house nation and subsequently qualify,” Mayorkas said.

That’s not the only restriction, either.

Migrants must make an appointment to request asylum at a port of entry using the U.S. Customs and Border Protection’s app called CBP One. If not, and they cross the border without documents and outside a port of entry, they could face removal and a five-year ban on reentry.

Like Mayorkas referenced, Biden administration officials also point to the expanded lawful pathways to the U.S., including a parole program that admits up to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans a month — but only if they have a U.S.-based sponsor and apply from overseas and not after crossing the border. The administration has also committed to accepting this year up to 100,000 Guatemalans, Hondurans and Salvadorans who have family sponsors already in the U.S.

But migrant’s rights advocates say it’s no alternative to the right to law, enshrined under U.S. law. Like Trump’s so-called transit ban, they say, Biden’s new policy runs afoul of the section that specifies that migrants can apply for asylum once on U.S. soil “whether or not or now not at a chosen port of arrival.”

(*42*)”At a time of unheard of world displacement, the Biden management has elected to defy many years of humanitarian protections enshrined in U.S. regulation and global agreements,” said Lee Williams, chief programs officer at Lutheran Immigration and Refugee Service, one of the largest U.S. resettlement agencies.

In particular, Williams condemned the requirement to first seek asylum in another country “as ludicrous because it is life-threatening” and the CBP One app “a life-or-death lottery.”

The app in particular has been the subject of ridicule because of glitches, including documented difficulty of taking photos of migrants with darker skin and the difficulty of obtaining an appointment, especially for families traveling together. CBP announced changes earlier this week, like prioritizing applicants who have been waiting the longest and making appointments available on a regular basis, not all at once at a scheduled time.

But for many, Biden’s new policies are particularly disheartening because of the very commitments that the president made during his campaign. On his campaign website, for example, he pledged to build a “truthful and humane immigration machine… making sure the distinction of migrants and upholding their prison proper to hunt asylum.”

But even some of Biden’s own staffers have been disappointed. Jeremy Konyndyk, who was a senior Biden appointee at the U.S. Agency for International Development, said the policy “runs without delay opposite to President Biden’s repeated and vocal guarantees to undo his predecessor’s weakening of U.S. asylum protections.”

(*42*)”The U.S. response to unheard of numbers of folks desiring safe haven right here must now not be — will have to now not be — merely converting insurance policies to extra simply deny them coverage. Yet that would be the very important impact of this new coverage,” added Konyndyk, now president of Refugees International.

ABC News’s Karen Travers contributed to this document.