The United States is implementing fresh measures at its southern border to prevent unauthorized migration and encourage migrants to apply for asylum online via a new system – CBP One.
The lifting of pandemic-related restrictions on asylum marks a significant change, as the U.S. has relied on Title 42 to promptly return migrants at the U.S.-Mexico border over the last three years.
What Is Title 42 and What Did It Do?
Title 42 is a name of an emergency health authority and refers to a section of the United States Code, which is a compilation of federal laws. Title 42 was a holdover from President Donald Trump's administration and began in March 2020 during the early stages of the COVID-19 pandemic. The policy ended Thursday along with the national COVID-19 public health emergency.
During the COVID-19 pandemic, the U.S. government invoked Title 42 to restrict non-essential travel across U.S. borders, including the southern border with Mexico. Under Title 42, the government has been able to quickly expel migrants, including asylum-seekers, who arrive at the border without giving them the opportunity to seek asylum or other forms of protection in the U.S.
Prior to the implementation of Title 42, migrants had the ability to cross the border without authorization, request asylum, and be admitted into the U.S. Following their entry, they would undergo screening and were frequently released to await their immigration proceedings.
Title 42 enabled U.S. officials to deny migrants the opportunity to apply for asylum and immediately return them to their home countries or Mexico, where they faced dangerous conditions and lacked access to legal resources. Over 2.8 million migrants were turned away under this policy. However, families and unaccompanied children were not subject to these restrictions.
The Future for Asylum-Seekers
The Biden administration has put a series of new policies in place to crack down on illegal crossings to stop people from making dangerous and deadly journeys to cross borders. Migrants apprehended crossing the border without proper authorization will be barred from re-entry for five years and may also be subject to criminal charges if they attempt to do so.
New Asylum Rules and Policies
The Department of Homeland Security has said under the Circumvention of Lawful Pathways Final Rule, migrants will be denied requesting asylum if they did not seek protection in a country they passed through or who failed to apply online before arriving at the border. Migrants who secure an appointment through the CBP One app will be exempt, according to officials.
Migrants who are deemed ineligible for asylum may be subject to expedited removal, a swift deportation process that would prohibit their re-entry into the U.S. for a period of five years.
The Biden administration's plan also includes returning individuals from Cuba, Venezuela, Haiti, and Nicaragua to Mexico if they attempt to cross the border unlawfully. This marks the first instance in which non-Mexican nationals will be returned across the border by the U.S.
The U.S. will permit entry for up to 30,000 individuals each month from Venezuela, Haiti, Nicaragua, and Cuba, on the condition that they arrive by air, have a sponsor, and apply for entry online in advance. In addition, the U.S. will permit up to 100,000 individuals with family in the US from Guatemala, El Salvador, and Honduras to enter the country, provided they apply for entry online in advance.
Migrants from countries not aforementioned may be granted entry into the United States if they apply through the CBP One app. Currently, the app allows 740 individuals per day to enter the US, but this number is set to increase to 1,000. However, migrants continue to encounter technical issues and struggle to schedule appointments, causing frustration and hindering their ability to access the asylum process.
Why Does This Matter?
Seeking asylum is a basic human right that is recognized by international law and domestic laws in many countries, including the United States. Domestic laws indicate that individuals should be able to seek asylum regardless of their manner of entry. This means that individuals who arrive in the country without proper documentation or through irregular means should still have the opportunity to seek asylum if they meet the criteria for refugee status.
The Circumvention of Lawful Pathways Final Rule significantly restricts access to asylum for those who cannot or cannot use the CBP One app and did not seek asylum in transit. Many asylum seekers may not have access to the app or may not be able to use it due to language barriers or other factors and may be unaware of the requirement to seek asylum in transit countries.
Furthermore, the rule may be in violation of international and domestic laws that protect the right to seek asylum. The principle of non-refoulement, which is enshrined in international human rights law, prohibits countries from returning individuals to countries where they may face persecution or harm.
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