Starting Thursday, the U.S. government will begin denying asylum to migrants who arrive at the U.S.-Mexico border without first submitting an online application or first seeking shelter in one of the countries through which they have traveled . This emerges from a new regulation published on Wednesday. Meanwhile, US officials have warned there are difficult days ahead after a key immigration restriction expires.
The rule comes just before the United States withdrew from Title 42, which had allowed US authorities to limit migration to prevent the spread of COVID-19. The change has raised concerns about whether the United States has the tools to control migration.
The new rule announced on Wednesday is part of new measures aimed at reducing illegal border crossings while opening up new legal avenues, including a plan to open 100 regional migration centers across the western hemisphere, government officials said.
US officials are reporting detailed steps they have taken to prepare for what many are expecting to be a significant increase in the number of migrants attempting to enter the United States.
National Security Minister Alejandro Mayorkas warned that the coming days and weeks “have the potential to get very complicated”.
“Our plan will deliver results, but it will take time to fully implement those results,” he said.
In Ciudad Juárez, Mexico, this week migrants continued to arrive in small groups by train or bus and left the country daily to confront US authorities. Fran Tovar, a 30-year-old Venezuelan electrician who left his two children to go to the United States, was scheduled to cross the border on Wednesday.
“There’s fear and anxiety,” Tovar said, adding that he has been in Juárez for more than three months trying to get an appointment through an application that the United States has required migrants to attend to report at the border crossing point and to submit an application for admission.
Tovar was expelled from the United States on his first attempt to cross and tried again 24 hours later. He feared he could face serious consequences once Title 42 expired.
Restrictions imposed in the wake of the COVID-19 pandemic have allowed US authorities to quickly expel migrants, which has been done 2.8 million times since March 2020. But migrants detained after making an illegal crossing will not be able to return for five years after restrictions expire on Thursday. Otherwise they face criminal prosecution.
But despite the restrictions in place, the number of border crossings has risen to an all-time high.
The move announced on Wednesday is an important part of US strategy. Rather than imposing an outright ban, the measure severely restricts asylum for those crossing illegally who have not previously applied for legal access. There is also scope for exceptions and does not apply to children traveling without an adult. It was first announced in February and will go into effect on Thursday.
You will almost certainly face legal challenges. In 2019, then-President Donald Trump called for similar but stricter measures. However, a federal appeals court prevented its entry into force.
President Joe Biden’s administration emphasized the complex dynamics of immigration, which was once primarily composed of adults from Mexico seeking to come to the United States. Immigrants now come from across the western hemisphere and beyond.
The scheme was immediately met with criticism.
“The Biden administration is putting border policy ahead of refugee safety with its new rule, which formalizes wide-ranging restrictions on access to asylum,” said Jeremy Konyndyk, President of Refugees International.
US officials also said they had plans to open regional centers across the hemisphere where migrants could apply to enter the US, Canada or Spain. Two centers have been announced in Guatemala and Colombia. At the moment it is not clear where others would open. The US government officials spoke on condition of anonymity about ongoing border plans, which were not disclosed.
The measures are intended to radically change the way migrants arrive at the United States’ southern border at a time when authorities are bracing for a sharp surge in arrivals of migrants planning to cross the border this week, possibly around circumvent the new rules. Others are waiting for Title 42 to be retired, believing it could improve their chances.
About 24,000 members of the security forces were deployed along the 3,140-kilometer border between the US and Mexico. About 1,500 other soldiers have been dispatched to assist the Customs and Border Protection Agency (CBP), but they will not be in contact with the migrants. And 2,500 members of the National Guard are already on the ground to support CBP.
The democratic government will send migrants from Haiti, Venezuela, Cuba and Nicaragua back to Mexico if they don’t apply online, don’t have a sponsor and don’t pass a background check. 30,000 migrants from these countries are admitted every month. Mexico will continue to accept the same number of people crossing illegally.
Immigration officials also plan to deploy up to 1,000 asylum officers to conduct expedited screenings of asylum seekers to determine more quickly whether someone is eligible to remain in the United States.
Mayorkas said migrants taken into US custody will have an opportunity to return first, as deportation will have greater consequences after Title 42 expires.
Most people who cross the US-Mexico border illegally are fleeing persecution or poverty in their home countries. They apply for asylum and are usually allowed to enter the United States to await clarification of their case. This process can take years in an overburdened immigration court system and has led to more and more people flocking to the border hoping to enter the United States.