With high levels of people seeking asylum, and after failed attempts to pass reforms, Biden has presented his most aggressive restrictions yet

To suspend the number of people who can apply for asylum, Biden is relying on the same mechanism Donald Trump turned to during his presidency: section 212(f) of the Immigration and Nationality Act.

But in the 40 years since the US created its asylum system, no other Democrat suspended people’s ability to seek refuge in the US – an international right.

Moreover, under the order, people apprehended near the border will have to “manifest” their fear of prosecution if deported, and will not be explicitly asked by immigration officials, as has been the case for decades. This practice, known unofficially as a “shout test”, could turn back those who could still be eligible for protections.