The Biden administration on Friday canceled a Trump-era extension of “expedited removal” under which some illegal immigrants could be quickly deported without appearing in court.
The July 23, 2019 rule targets immigrants nationwide who cannot prove they have been in the US continuously for two or more years. Prior to the expansion of the rule, the 2004 expedited removal policy applied only to 100 miles from the border, to those who arrived by sea, or to those who were in the US for 14 days or less.
Announcing the cancellation of the expansion, the Department of Homeland Security (DHS) recall notice said that the Trump-era rule was used so infrequently due to “operational complexities and limited utility.” The notice said that more aggressive use of the rule could expose Immigration and Customs Enforcement (ICE) to more legal problems.
Enhanced expedited removal powers were rarely used while they were in place. However, immigration activists were celebrating the formal repeal of the policy that the ACLU’s immigrant rights project is directing Omar Jadwat. said ‘thumbs up his nose in due process.’
In October, DHS suspended the use of Enhanced Expedited Deletion pending a policy review. The policy was enforced only a handful of times in Biden’s first year in office — from January 20 to the end of August, according to a Buzzfeed report, ICE officials deported only four immigrants.
Currently, most people arriving at the border are immediately deported in accordance with Section 42 of the Centers for Disease Control and Prevention (CDC) coronavirus order. Under the Biden administration, border guards reported arrests of 2.3 million migrants, 63 percent of which were denied under Section 42.
Most single adult migrants not expelled under Section 42 are sent to immigrant detention facilities or deported under expedited removal. Families can also be deported on expedited removal if they fail initial asylum screening or if border guards decide they did not apply for asylum.
The US could be just hours away from another wave of mass migration if the Biden administration lifts Section 42, according to a new report.
More than 170,000 migrants are reported to be waiting on the Mexican side of the US-Mexico border to cross the border and apply for asylum if the policy is lifted.
DHS is reportedly considering calling in volunteers to reinforce the southern border, fearing an onslaught of migrants that would far exceed its resources.
Many of these people are estimated to be only hours from the border, while others planning to migrate are days away, officials familiar with the discussions told CNN.
Progressives have been pushing for the Biden administration to repeal Section 42, the coronavirus public health order used to expel migrants, but the number of migrants clashed at the southern border in February has already risen by 60 percent, raising fears that a historic surge in the spring and the summer months may be ahead of last year.
More than half of the 164,973 migrants encountered in recent months have been expelled under Section 42.
At the same time, there were reports of the detention of Ukrainian refugees under Article 42 on expulsion.
Migrants are detained by US Border Patrol agents after crossing the Rio Bravo to surrender and seek asylum in El Paso, Texas, USA, as seen from Ciudad Juarez, Mexico, Feb. 24.
A report released Thursday said intelligence officials are preparing for more than 170,000 migrants to move to the U.S. once Section 42 of the COVID era is repealed, allowing instant removal of asylum seekers due to the ongoing public emergency. healthcare. Pictured: Migrants wait in Mexico for trial dates on asylum applications
DHS Secretary Alejandro Mallorcas said Border Patrol agents were reminded Thursday afternoon that there are individual exceptions to Section 42 that could apply to Ukrainians arriving at the southern border.
The number of migrants waiting to cross the border, reported to Axios by sources with direct knowledge of the discussions, has led to the creation of the Southwest Border Coordination Center (SBCC) to create a multi-agency response to the impending surge.
Department of Homeland Security (DHS) intelligence estimates that 25,000 migrants are already waiting in Mexican shelters, waiting for Section 42 to expire so they can cross the US border.
Section 42, a policy introduced by former President Donald Trump to allow removals at the height of the pandemic, has been used to rapidly remove more than 1 million migrants on the southern border.
Ukrainian and Russian refugees remain at a makeshift camp near San Isidro Garita in Tijuana, Baja California, Mexico on March 16 while they wait to apply for asylum in the US.
Russian citizens seeking asylum in the United States sleep in a makeshift camp on the Mexican side of the port of San Ysidro Crossing in Tijuana, Baja California, Mexico, on March 17.
This allows the US to bypass asylum applications and remove those individuals from the country instantly after crossing the border illegally.
Section 42 was not meant to be permanent, but it continued to be enforced and defended in court under Biden as the administration tries to quell the crisis on the southern border.
Recent reports show the administration is leaning towards repealing Section 42 entirely after they were forced to end the practice of unaccompanied minors crossing the border.
The court order noted that the Centers for Disease Control and Prevention (CDC) “foresees additional lifting of restrictions” as DHS becomes more capable of preventing the spread of COVID-19 at its facilities.
Every 60 days, the CDC reviews Section 42, and the deadline for the next renewal is early April, which means the provisions could end as early as next month.