There are many reasons people leave their countries of origin; poverty, persecution, war, religious freedom, for the search for a better life. For years the law to get asylum stated that any migrant who is on US soil can apply for asylum through a series of paperwork and proper documentation. Now, President Biden has made some changes to the process, with major restrictions for those coming into the country. For migrants seeking asylum in the US, a new executive order may change everything.
This month, President Biden announced an executive order that aims to restrict illegal border crossings. The order suspends those seeking safe haven to anyone coming into the US illegally. If 1,500 or less people cross the border a day, the order will be lifted, however, it will go back into effect should the numbers grow to higher than 2,500 on average, says the New York Times.
In the past, migrants who crossed the border were asked if they felt they were in danger should they return to their country. If the reply was “yes,” they were often allowed into the country to stay until they could get a hearing on their claim. Some claims took years to process. With Biden’s new order, migrants who reach the border could be sent back immediately.
It isn’t impossible to obtain asylum in the US, however, it is much more difficult now with the new order. Migrants who reach the US will no longer be asked if they fear returning to their country, they will have to declare it themselves. And of those who qualify, which is not many, there are other programs they can follow.
Recent Arrivals
Under Biden’s executive order, a new process called Recent Arrivals, officers can determine cases quicker and admit protection to those who qualify. For those crossing the Mexican border, Biden announced he will work to “curtail irregular migration” by using the CBP One mobile app. The app allows migrants crossing the border into the US to apply for an asylum interview beforehand without crossing illegally.
To get a Credible Fear Interview, which was procedure before the order, migrants must use what is called the “shout test,” to prove their fear of return. This means they must tell a Border Patrol Officer, on their own, of their fear of persecution. Unless migrants speak up first, they may not get a chance to talk to an officer or make a claim. Only those who have “exceptionally compelling” deemed reasons for entry may be eligible for asylum.
What Happens After Claims are Considered Eligible?
Once migrants’ claims are determined eligible, they can go through the process of asylum, which has three avenues: affirmative process, asylum merits interview, and defensive asylum processing.
What are Exceptions to Biden’s New Order?
There are exceptions to this order, which include “unaccompanied immigrant children, victims of human trafficking, people who have visas, or those facing serious medical emergencies or threats to their lives, according to the Department of Homeland Security.”
According to NPR, the language of the executive order is confusing, at best, and it is unclear how Border Patrol Officers will determine immigrant claims.
Why is this Executive Order on Immigration Controversial?
Legal and Humanitarian Issues: Critics argue that this policy could severely restrict the legal right to seek asylum. The American Civil Liberties Union (ACLU) contends that it will endanger thousands of lives by forcing asylum seekers to take more dangerous routes or face immediate deportation without their claims being processed (American Civil Liberties Union). The ACLU has indicated plans to challenge the order in court, asserting that it mirrors previous Trump administration policies that were deemed illegal.
Impact on Vulnerable Populations: The order could disproportionately affect vulnerable groups, including unaccompanied minors and victims of trafficking, who might still be at risk despite some exceptions to the rule .
Political Ramifications: Biden’s decision comes amid criticism of his handling of the border crisis, particularly as he prepares for reelection. While some view this as an attempt to address the influx of migrants effectively, others see it as a departure from his earlier promises to create a more humane immigration system.
Operational Challenges: There are concerns about the practical implementation of this order, such as managing the threshold numbers and the logistics of reopening the border. The fluctuation in migrant numbers and the need for adequate resources to enforce this policy pose significant challenges.
How an Immigration Attorney Can Help
In light of President Biden’s new executive order under section 212(f) of the Immigration and Nationality Act, an immigration attorney can play a crucial role in assisting individuals affected by this policy. Here’s how they can help:
Legal Advice and Representation: Immigration attorneys can provide personalized legal advice to individuals affected by the new order, explaining how it specifically impacts their situation. They can represent clients in court if they face expedited removal proceedings or need to challenge the denial of asylum claims.
Navigating Asylum Applications: Attorneys can help migrants understand the requirements and process for seeking asylum through legal ports of entry. They can assist in preparing and submitting comprehensive asylum applications, ensuring that all necessary documentation and evidence are included.
Identifying Exceptions: The executive order includes some exceptions, such as for unaccompanied minors and victims of trafficking. An attorney can help determine if a migrant qualifies for any of these exceptions and can advocate on their behalf.
Appeals and Legal Challenges: If a migrant’s asylum application is denied or they are subject to immediate deportation, an immigration attorney can file appeals and legal challenges. This includes challenging the legality of the executive order itself, similar to previous legal actions taken against Trump-era policies.
Humanitarian Relief: Attorneys can explore other forms of humanitarian relief that might be available, such as Temporary Protected Status (TPS) or relief under the Convention Against Torture (CAT).
Family Reunification: For migrants who have family members already in the U.S., attorneys can assist with family reunification petitions and other processes that might offer a legal pathway for their clients to remain in the country.
Staying Informed: Immigration laws and policies can change rapidly. Attorneys stay updated on the latest legal developments and can ensure their clients are informed about new opportunities or changes that might affect their status.
Given the complexities introduced by the new executive order, seeking the assistance of an experienced immigration attorney is vital for navigating the legal landscape and protecting the rights of affected individuals. Contact Saam Borhani’s Immigration Law Firm in Los Angeles if you have any questions. Se habla español.
Sources:
Nytimes.com
yahoo.com
whitehouse.gov
npr.org
immigrationimpact.com
aclu.org
