In response to the significant increase in irregular migration flow at the United States border, the Biden administration has implemented new control measures, ensuring stricter procedures to manage the situation.
The “Securing the border” Presidential Proclamation measure was signed on June 3, 2024 by President Joe Biden under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA).
This rule determines that the entry into the United States of certain aliens during emergency border circumstances is detrimental to the interests of the country. It also suspends and limits the entry of foreigners into the US.
Table of Contents
Why are they securing The American Border?
The United States border is being secured due to the large number of illegal immigrants on the southern border.
Additionally, the Department of Homeland Security (DHS) has implemented an interim final rule that:
- Restricts eligibility for asylum, and
- Increases consequences for immigrants who cross the border illegally.
These temporary measures will remain in effect until the average number of illegal immigrants drops to less than 1,500 per day over a 7-day period.
If the average increases again to 2,500 or more per day during these days, the temporary measures will be applied again.
Important Changes In The Immigration Process
The new rules include 3 key changes to processing under Title 8 immigration authorities during these periods:
- Asylum eligibility restriction: Aliens who cross the border illegally will generally not be eligible for asylum, barring exceptionally compelling circumstances.
- Credible fear assessment: Only those subject to expedited deportation will be assessed for credible fear if they express fear of returning to their home country due to persecution, torture, or intend to seek asylum.
- Compliance with international commitments: The United States will continue to comply with its international obligations, but will apply a higher standard for those who do not qualify for an exception to the legal avoidance rule.
These measures are intended to deter immigrants from attempting to cross the border illegally, which is dangerous and illegal.
If you have been a victim of domestic abuse, you may qualify for asylum based on domestic violence in the US.
Will Securing The Border In The US Affect The Future Of Immigrants?
These changes are expected to significantly reduce illegal immigration into the US. What’s more, as of June 5, 2024, asylum and immigration law enforcement procedures at the southern border of the United States are more rigorous.
As if that were not enough, those whose entry is suspended and cross illegally between ports of entry will face the following consequences as they:
- Will probably not be eligible to apply for asylum.
- Will be deported to their country of origin or to a third country.
- Will face at least a 5-year re-entry bar.
- Could face possible criminal charges.
Immigrants face various dangers during illegal travel to the US, including exploitation by smugglers and cartels, as well as serious medical risks.
For these reasons, immigrants are urged to use legal means to enter the United States and avoid putting their lives and those of their families at risk.
Have you ever heard or read about the asylum clock? Find out what the asylum clock is in our blog.
Who Will Be Exempt From These Changes?
Those who will be exempt from these changes are:
- Immigrants using an appropriate process for safe and orderly entry through a port of entry, such as the CBP One mobile app.
- Lawful permanent residents.
- Unaccompanied immigrant minors.
- Victims of human trafficking and smuggling .
- Other foreigners with a valid type of American visa or other legal permission to enter the United States.
In other words, these immigration actions have the objective of preventing immigrants who illegally cross the southern border from receiving asylum.
Therefore, making it easier to remove them and easing the burden on Border Patrol agents.
Key Points About The Asylum Status And Current Border Management In The United States
Currently, the situation at the US southern border faces significant challenges due to a combination of restrictive policies and an unprecedented global migration crisis.
Below are key points about recent measures and proposals related to immigration management and asylum in the US:
Asylum Restrictions
In recent years, applying for protection at the US southern border has been made more difficult due to certain stringent policies.
Global Migration Crisis
Global immigration is at unprecedented levels, with an increase in migrant deaths due to dangerous routes.
A needed Change
Due to what was previously mentioned, Congress and the Biden administration have improved the entire immigration system and not just border management.
New Executive Actions
Recent actions to close the border between ports of entry seek to facilitate the expulsion of immigrants without legal grounds to stay.
Interim Rules
The DHS/DOJ interim final rule titled “Securing the Border” took effect on June 5, 2024.
It should be noted that the legal avoidance rule was annulled in July 2023, but remains in effect due to appeals.
Humanitarian Parole Programs
In view of the difficult immigration situation in the US, programs have been created that offer a temporary stay permit/Parole for immigrants from certain countries.
For example, Venezuela, Nicaragua, Haiti and Cuba, as long as they meet the requirements of humanitarian parole program.
There is also the Uniting for Ukraine program that allows Ukrainians displaced by war to obtain temporary stay in the US if they meet certain requirements.
Curbelo Law Can Assist You In A Complex Immigration Situation
You can obtain more information on the Federal Register website or by contacting our New Jersey immigration law firm.
We will help you understand your legal options, prepare your asylum or immigration application, and represent you in legal proceedings to ensure your rights are protected.
