The Trump administration said it would prohibit people who illegally cross the USA border with Mexico from claiming asylum, as the president seeks to choke off migration from Latin America.
"Although the Trump administration expects to be enjoined and stopped in the near term", one of the officials told NBC, "they believe a policy based on the discretionary authority of the president over who is admitted to the USA will ultimately hold up in the Supreme Court".
Individuals are now allowed to apply for asylum whether they identify themselves at ports of entry or bypass them illegally to gain entry into the US.
The new rule comes as a so-called caravan of migrants from Central America travels north by foot through Mexico to the US border. "Since 2017, Amnesty has documented that thousands of people already wait for weeks on end at the ports of entry, and others have been wrongfully turned away by US border officials as they attempt to seek protection".
Trump is expected to sign the order on Friday before leaving on a trip to Paris.
The new changes were likely to be met with legal challenges, too. "It is illegal to circumvent that by agency or presidential decree", Omar Jadwat, director of the ACLU's Immigrants' Rights Project, responded in in a statement.
This is expected to put a dent in those streaming into an already overburdened system, officials said, noting that there is a backlog of more than 700,000 cases in the immigration courts. The Immigration and Nationality Act (INA 208 (b)(2)(C)) unambiguously states that ineligibility grounds for asylum established by regulation must be "consistent with" section 208 of the INA, which explicitly says that aliens may lodge asylum claims "not at a designated port of entry".
He called a current caravan, which is still hundreds of miles from the U.S. border and dwindling in numbers, an "invasion" and said it would bring hardened criminals to U.S. streets.
Se levantó la medida de fuerza — Aerolíneas
La medida, que se implementó en reclamo del pago de mejores salarios, lleva paralizados 111 despegues y afectó, hasta el momento, a más de 15000 pasajeros, según informó el diario argentino Clarín .
The president has declared immigrants are abusing America's generous asylum system, claiming the United States' asylum rules are the "biggest loophole drawing illegal aliens to our borders".
Trump made immigration a key issue in Tuesday's election, stoking fear among his supporters about a migrant caravan that's still hundreds of miles away in Mexico.
Two senior administration officials that spoke to NBC News said that "of the [immigration] measures most likely to be approved by the president, all were likely to lead to a lawsuit".
Less than 10 per cent of cases result in asylum being granted, the government says.
"U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry".
In 2018, border patrols have registered more than 400,000 illegal border crossers, homeland security said.
Last week, he said he would be taking steps to limit asylum claims.