The Department of Homeland Security (DHS) announced a final rule (set to be published in the Federal Register on October 7, 2024) to codify its policy that cuts off access to asylum for those who crossed in between ports of entry if border figures ticked above a 2,500 average over the course of a week. However, while the interim policy put in place in June would allow asylum processing to restart once border crossings averaged 1,500 over seven consecutive days, the final rule enacts a much tougher standard, requiring that metric be sustained for 28 straight days, which DHS said is designed to avoid “volatility” at the border. Border crossings, however, have yet to decrease below the official threshold for seven days, much less for a 28-day period.
