New policy suspends asylum claims for most migrants entering the U.S. unlawfully

3 months ago

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President Joe Biden connected Tuesday took executive action to temporarily suspend nan processing of astir asylum claims astatine nan confederate U.S. separator erstwhile nan seven-day mean of unauthorized crossings exceeds 2,500.

Senior management officials told reporters that nan measures would return effect immediately.

Once nan measurement goes into effect, migrants who transverse without authorization — absent exceptional circumstances — would not beryllium eligible for asylum. Senior management officials said they expect to region these individuals “in a matter of days, if not hours.”

Also, migrants who transverse nan Southern separator unlawfully and are processed for expedited removal would get a reliable fearfulness screening if they manifest a fearfulness of returning to their state aliases their volition to use for asylum. However, nan period for reliable fearfulness would beryllium increased.

The restrictions will stay successful spot until 14 days aft nan seven-day mean of forbidden crossings drops beneath 1,500. The measures will spell backmost into effect erstwhile nan number reaches 2,500.

Biden, who is moving for reelection and has been facing disapproval for nan precocious number of migrants entering nan United States, is relying connected conception 212(f) of nan Immigration and Nationality Act to instrumentality these restrictions.

This is nan aforesaid rule erstwhile President Donald Trump — who is challenging Biden successful this year’s election— utilized successful 2017 to prohibition migration from respective majority-Muslim countries, and successful 2018 to suspend nan introduction of migrants betwixt ports of introduction on nan Southern border. As it happened during nan Trump administration, Biden’s executive bid is expected to beryllium challenged by migrant authorities groups.

Amy Fischer, nan Director of Refugee and Migrant Rights astatine Amnesty International USA, said successful a connection that Biden’s actions “set a vulnerable world precedent.”

“It’s profoundly disappointing to spot President Biden truthful hellbent connected dismantling quality authorities for group seeking asylum and implementing policies that are plainly forbidden nether world and exile law,” Fischer said.

Senior management officials told reporters nan U.S. will proceed to return nationals from Cuba, Haiti, Nicaragua, and Venezuela to Mexico.

Migrants hailing from extracurricular nan Western Hemisphere will beryllium taxable to nan provisions, though management officials said it is simply a challenge.

“We are assured that nan steps we are taking coming are accordant pinch our obligations nether world law,” an charismatic said.

Using nan Immigration and Nationality Act

The section 212(f) is a proviso from nan Immigration and Nationality Act (1952) which empowers nan president to “suspend” aliases restrict nan introduction of migrants into nan state erstwhile deemed necessary.

Bill Hing, a professor of rule and migration studies astatine nan University of San Francisco, said location are galore laws that forestall definite immigrants from coming to nan country, for illustration those who are members of a violent organization.

However, conception 212(f) is much encompassing.

“(It’s) overmuch broader,” Hing said. “It conscionable says that nan President has nan powerfulness done a proclamation to restrict nan introduction of group who are coming to nan United States, successful nan sentiment of nan President, who are detrimental to nan liking of nan United States.”

Hing called nan connection of nan rule “ambiguous.”

The conception has been utilized by Democratic and Republican presidents successful nan past to curtail forbidden migration.

For instance, in 1981 President Ronald Reagan invoked it to restrict Haitians from coming into nan U.S. He besides utilized it to suspend nan introduction of Cubans, Nicaraguans portion of nan Sandinista National Liberation Front, and Panamanians officials nether nan dictatorship of Manuel Antonio Noriega.

Since then, conception 212(f) has been utilized to artifact definite citizens from respective countries, including China, Iran, Venezuela, Myanmar, Nigeria, Sudan, and Tanzania.

But astir notoriously, it was invoked by President Donald Trump successful January 2017, and was dubbed a “Muslim ban.” Trump’s executive bid indefinitely ended nan resettlement of Syrian refugees, and banned nan introduction of citizens of 7 majority-Muslim countries for 90 days. President Biden revoked that executive bid successful 2021.

Biden’s decision

President Biden’s actions connected Tuesday travel arsenic nan numbers of unauthorized crossings successful nan U.S.-Mexico separator person continued to spell down successful caller months, defying migration patterns.

In December, Border Patrol agents made astir 250,000 encounters pinch migrants betwixt nan constituent of entries successful nan Southern separator — a grounds high.

However, those numbers person sharply decreased. In April, U.S. Customs and Border Protection reported astir 129,000 encounters.

Immigration argumentation analysts person said nan numbers are owed to Mexico’s enforcement of its ain migration rule astatine their confederate separator pinch Guatemala and nan bluish separator pinch nan U.S.

Rolando Salinas, nan politician of Eagle Pass, Texas, questioned Biden’s timing for this announcement.

Eagle Pass has been nan epicenter of Texas Gov. Greg Abbott’s conflict pinch nan Biden management complete its handling of immigration.

“I conscionable wish this was done backmost successful December erstwhile our metropolis was being deed pinch 2-3 1000 group per day,” Salinas told NPR successful a matter message. “We won’t hide those days.”

Over nan past fewer months, Biden has been announcing constrictive policies astatine nan border, including proposing a caller norm intended to velocity up nan removal of immoderate migrants ineligible for asylum.

Biden’s determination will apt beryllium challenged successful tribunal by migrant authorities groups.

When he utilized conception 212(f) in 2021 arsenic portion of his nationalist wellness efforts during nan COVID-19 pandemic, that’s precisely what happened. Under his order, Biden suspended nan introduction of non-U.S. citizens who were wrong nan United Kingdom, Ireland, Brazil, and South Africa during 14 days anterior to their effort to participate nan United States.

It besides applied to those who had been successful nan Schengen Area, which is made up of 29 European countries.

Lily Axelrod, an migration lawyer based successful Memphis, Tenn., said that measurement was “quite disruptive to business and family.”

Maribel Hernandez Perez, head of argumentation and authorities affairs for separator and migration astatine nan ACLU, said Biden’s latest executive bid will apt person a antagonistic effect connected nan ineligible pathways of migration to nan U.S.

“Whenever you do thing that bars group from applying for asylum, what you’re doing is successful truth disrupting nan ineligible pathways that group have,” Hernandez Perez said.

She said Biden’s actions are a “missed opportunity” to return action to amended negociate forbidden crossings astatine nan Southern border.

“That is conscionable a repetition of what President Trump did, that is conscionable a repetition of sadistic policies,” Hernandez Perez said.

Hernandez Perez added Biden should attraction connected his run committedness of restoring nan asylum strategy successful nan country.

Source Alaska Public