As the crisis on the border between Mexico and the United States becomes more and more complicated, it can become difficult to stay on top of everything that is transpiring. Especially now, remaining up to date on the goings on in the world of US immigration is essential, not just for those entering the country, but for those living in the US as well. In this blog, we'll be discussing the current border crisis and what the most recent updates mean for those living here and those looking to immigrate.
President Biden has ended Title 42, a measure that was implemented by former President Trump during the COVID-19 pandemic. This policy enabled US border authorities to quickly reject the majority of asylum seekers without providing an opportunity for them to apply for protection. This resulted in migrants and refugees being sent back to dangerous Mexican border cities where they had little resources. This was considered by many to be a violation of the US's international law obligations. Critics have further condemned the policy for its cruel and inhumane treatment of vulnerable individuals seeking refuge.
Now that Title 42 is ending, President Biden and the White House have taken action at the border in anticipation of the ensuing influx of migrants that will come as a result. 1,500 additional US troops have been sent to the border to assist with the administration of President Biden’s new Asylum Transit Ban. This Ban establishes two procedures. A procedure for people that use the CBP One APP to schedule an asylum interview at a port of entry, and a procedure for people who do not use this APP and arrive at the border without an appointment, and for people that are apprehended seeking to enter the United States illegally.
The Asylum Transit Ban will penalize asylum seekers who don’t apply for protection in other nations they transit through on their way to the United States, unless they come through a pre scheduled appointment at a port of entry or meet a narrow set of exceptions. The appointment must be made on the CBP One app. The Biden administration recently announced that they will make up to 1,000 appointment slots available each day through the app. The CBP One app is being overloaded and you will have to try multiple times and for multiple days to schedule an interview.
The asylum transit ban severely limits asylums for any non-Mexican who cross the U.S.-Mexico border between ports of entry (i.e. walking into the U.S. without permission), unless they had previously applied and been denied asylum in another country before arrival or met a narrow set of exceptions.
The Governor of Texas, Greg Abbott, has announced the deployment of the state's newly formed "Texas Tactical Border Force," to be supervised by the Texas National Guard. Additionally, US Customs and Border Protection Agents have initiated a "targeted enforcement operation" in El Paso, a crucial location on the border that has experienced a surge in irregular crossings in recent times.
With the end of Title 42, people seeking asylum in the US must obtain an interview appointment via the CBP One App. If these asylum seekers pass the credible fear test, they will be processed and likely released in the US and can wait for their hearing before an immigration judge. For most of those that attempt to cross into the United States illegally, their process for seeking asylum will be subject to a higher standard of proof to be permitted to remain in the United States and seek asylum before an immigration judge. If you or your family need help navigating these changes or understanding how they may affect you directly, contact the incredible legal team at Familia America today for assistance with any questions you may have about seeking asylum in the United States.