New US immigration measure would condition asylum for those who enter the country irregularly

A new rule proposed by the Department of Homeland Security (DHS) and the Department of Justice (DOJ) of the United States would condition the eligibility for asylum of migrants who enter the United States irregularly, advertisement DHS on Tuesday.

The extent The proposal, which will be under review until March 27, establishes that persons who avoid the established pathways available for legal immigration “would be subject to a rebuttable presumption of ineligibility for asylum in the United States unless they meet specific exceptions ”.

The public will be able to submit comments on the proposal once it is published in the Federal Register.

Among the available avenues of legal immigration mentioned by the DHS is the humanitarian parole for Haitians, Cubans, Nicaraguans and Venezuelans, as well as the dating request to appear at a port of entry through the CBP One app.

The rule would also apply to those migrants who do not seek protection or asylum in one of the countries through which they have to cross to reach the United States, if they travel by land, DHS said.

“Individuals who are unable to establish a valid claim for protection under the standards set forth in the proposed rule will be subject to prompt removal under Title 8 authorities, which carries a five-year reentry bar,” DHS added in the statement.

The measure responds to the containment plans that are being prepared for May 11, 2023, when is it expected to rise Title 42, which establishes the rapid expulsion of migrants who enter the US irregularly for reasons of public health.

“The proposed rule is an emergency measure that is intended to respond to the elevated levels of encounters expected after the lifting of the Title 42 Order,” the proposed rule states. “As such, it is designed to be temporary in duration and would apply to those entering the United States at the Southwest land border for 24 months after the effective date of the rule and after the Title 42 order is lifted.”

The exceptions available for those who enter irregularly and want to apply for asylum are: have authorization to travel to the US under a DHS-approved parole process; use the CBP One app to schedule a time and place to report to a port of entry, or report to a port of entry without using the CBP One app and establish that you were unable to access or use the app due to a security barrier language, illiteracy, significant technical failure or other obstacle; or prove that they were denied asylum in a third country en route to the US, authorities said.

The measure would not apply to unaccompanied minors.

On the other hand, migrants will be able to refute their presumption of ineligibility to request asylum if they can demonstrate that they are facing a serious medical emergency, an extreme and imminent threat to their life or safety – such as an imminent threat of rape, kidnapping, torture or murder. – or were victims of human trafficking.

“We are a nation of immigrants and we are a nation of laws. We are strengthening the availability of legal and orderly pathways for migrants to come to the US, while proposing new consequences for those who do not use the processes that the US and its regional partners have made available to them,” he said Tuesday in a written communication. Alejandro Mayorkas, Secretary of National Security.

“As we have seen time and time again, people given a safe, orderly and legal path to the US are less likely to risk their lives traveling thousands of miles in the hands of ruthless traffickers, just to reach our southern border. and face the legal consequences of illegal entry,” he added.

More than 26,000 approved for humanitarian parole

As of February 17, more than 26,000 Cubans, Nicaraguans and Haitians were tested and received travel authorization to enter the US under humanitarian parole, according to the DHS.

In the case of Venezuelans, for whom the program applied since October, some 33,800 have been evaluated and approved for a travel authorization until the end of January.

“DHS and DOJ are taking these steps as they continue to call on Congress to modernize our immigration system, including our asylum laws. DHS will continue to monitor developments on the southwest border and will expedite or implement additional measures, as necessary,” the DHS said.

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