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Who enters the United States? Guide to the chaotic rules governing border crossing

2023-05-17T14:17:54.481Z

Highlights: The new asylum restrictions will result in many immigrants being deported, but others will still be able to enter. What is that process like? The U.S. government rolled back a pandemic rule that was used to immediately expel hundreds of thousands of migrants crossing the border illegally over the past three years. If the process works as intended, many migrants will be deported relatively quickly anyway. If new arrivals overwhelm the system, officials may allow many people to remain in the country while they await asylum hearings. If you are seeking a safe haven, you must demonstrate the reasons why you fear returning to your country.


The new asylum restrictions will result in many immigrants being deported, but others will still be able to enter. What is that process like.


The U.S. government rolled back a pandemic rule that was used to immediately expel hundreds of thousands of migrants crossing the border illegally over the past three years.

Now, migrants who enter the country illegally will have the opportunity to apply for asylum, which is a legal status people can obtain if they prove they would face persecution or other risks in their home country.

That doesn't mean it's going to be easy to meet the requirements. The Biden administration is going to impose new restrictions on the requirements, and if the process works as intended, many migrants will be deported relatively quickly anyway.

But if new arrivals overwhelm the system, officials may allow many people to remain in the country while they await asylum hearings.

A matter of luck


So what determines whether you can enter the United States? Sometimes it is about the quality of the case presented or compliance with the rules of a system that is often chaotic. Many times, it's a matter of luck.

Below we try to explain what the process to cross the border with the new rules will be like, in the best possible way, with the help of Aaron Reichlin-Melnick, policy director of the American Immigration Council and one of the country's leading experts on this subject.

In recent months, President Biden used his executive authority to establish a path for certain immigrants to enter the country legally: applying for what is known as a "humanitarian parole."

This measure offers Haitians, Venezuelans, Nicaraguans and Cubans the possibility of living for two years in the United States, if a sponsor submits an online application to support them.

Hundreds of thousands of people have taken advantage of the programme. However, the number of monthly places is limited. You also have to get someone who is already in the United States to take financial responsibility for you.

In addition, you must have a valid passport from your country of origin and money to buy the plane ticket.

An app


In January, the government implemented another method to encourage people to migrate in an orderly manner, rather than taking the dangerous route that creates a bottleneck at the border. This is a new app called CBP One.

Migrants can use the app to schedule an appointment with border agents at a port of entry. Officials decide whether to allow them to enter the United States with a notice to later appear in immigration court.

It sounds relatively easy, but the app has flawed and the probability of getting a date has been compared to winning a lottery ticket.

There are few places available on a daily basis, in relation to demand. It can only be used by migrants who are in northern Mexico, near the US border or in Mexico City. Many people have been trying for months day after day to make it work for them, in vain.

Crossing the border


First, it's a good idea of what it means to cross the border illegally. Sometimes you have to cross a desert or a large body of water, but it is not always so difficult.

In some places, such as certain sectors of Ciudad Juárez, the Mexican city located opposite El Paso, Texas, you can reach U.S. soil by taking a few steps through a relatively shallow, narrow and quiet stretch of the Rio Grande.

If migrants did that when Title 42 was in effect, U.S. officials could return them to Mexico within minutes, which will no longer be an option.

Now, people who enter the country without proper documentation will either be subjected to formal deportation proceedings, which is a lengthy process that lasts years, or an expedited removal process that aims to process and deport people more quickly.

Families and children

For the most part, families and children will enter the first, slower pathway, meaning they will be given a date to appear before an immigration judge, but they will be able to wait within the country, living and working legally until a decision is made on their case.

Single adults

In the case of single adults, they will most likely go through an expedited expulsion process. If the system works as intended, those migrants could be on their way to deportation with afelony charge in a matter of days.

If you entered illegally, and did not enter the United States because you were fleeing oppression or serious danger, you will probably be deported.

If you are seeking a safe haven, to apply for asylum you must demonstrate the reasons why you fear returning to your home country. But it will be much more difficult than it was before, because of the new provisions President Biden is putting in place.

From now on, migrants will have to prove that they applied for asylum and were rejected by Mexico or another country they passed through on their journey in order to be considered eligible for protection in the United States.

This requirement, which critics call a "transit ban," is likely to face legal challenges from human rights groups who say it amounts to a ban on asylum.

Applying for asylum in Mexico, where the government system is overwhelmed, can take months, if not years. Many migrants say they do not feel safe in the countries they pass through.

If you are put on the fast removal path, that measure could be applied within a few days of crossing.

Asylum Hearings


Even if you are released in the United States, when you finally appear before a judge you will have to prove that you have been denied asylum in one of the countries you passed through on your way to the United States, even if that trip happened months or years ago.

Asylum hearings can take years to resolve, and most applications are rejected, leaving immigrants without the right to remain in the United States and eventually apply for permanent status.

One last option, which has always been available and probably always will be: undertake the often arduous, dangerous and uncertain journey through rugged territories and braving relentless elements to try to enter America undiscovered.

If you succeed, you will live without a legal permit running the risk of being found and deported at any time by the authorities.

Note: While these are the most common options, the routes shown here are not all that exist

c.2023 The New York Times Company

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See also

Immigration in the United States: tension subsides on the border with Mexico, but the causes of the "stampede" remain in force

The Royal U.S. Ambassador to London Responds on Netflix's Hit "The Diplomat"

Source: clarin

All news articles on 2023-05-17

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