The Biden administration has announced a new border policy that could take effect in May to replace Title 42. The proposed measure would allow for the deportation of asylum-seekers who cross the border illegally.

Under current immigration law, migrants fleeing persecution can request asylum regardless of how they arrived on U.S. soil. After, they receive a hearing in a the U.S. immigration court system.

Under Biden’s new rule, migrants would be ineligible for asylum if they entered illegally. They would also be ineligible for asylum if they failed to apply for protections in the other nations they trekked through to reach the U.S.

The policy puts the president in a difficult position. He is already unpopular with Republicans when it comes to immigration, and now some people from his own party and migrant advocacy groups are criticizing his new border proposal. Critics are comparing it to Trump-era border policies, but the White House has denounced these comparisons.