How the cancellation of Title 42 will affect Russian-speaking migrants: what to consider when crossing the US border

Administration of US President Joe Biden since May 11 abolished Title 42 (Section 42) - a provision under which US border guards had the right to return migrants seeking asylum at the southern US border to Mexico to await a decision on their case. About how this cancellation will affect Russian-speaking refugees, ForumDaily asked immigration lawyer Ekaterina Muratova.

Photo: IStock

Fewer prisons, but more deportations

Section 42 was introduced by the administration Donald Trump during the COVID-19 pandemic under the pretext of being unable to keep large numbers of people indoors. In practice, it affected the Spanish-speaking refugees and Brazilians the most, who could indeed be sent to await their fate in Mexico. Russian-speaking refugees seeking asylum at the border were not sent to Mexico, but they could well have been deployed along the way, before they crossed the cherished line of the American border.

Knowing this, petitioners preferred to cross the Mexican-American border in cars so as not to give officers a chance to stop them before they entered US territory. At the same time, the need to find a car and organize a border crossing required contacting various guides and "assistants" who organized this illegal business on refugees. According to the immigrants themselves, both private individuals and cartels and even the Mexican authorities participated in such schemes. Often asylum seekers became victims unscrupulous advisers and lost their last savings, and sometimes even turned out to be victims of kidnapping and extortion.

On the subject: Difficulties and opportunities: how Russians can get to the US, given the new restrictions

Now notes Ekaterina Muratova, it is easier to get to the southern border, and those who come to it will not be turned back. However, this does not mean that applicants will no longer end up in detention centers for migrants, commonly called “immigration prisons”. According to her, whether a person is let through immediately or sent to a temporary detention center depends on whether he is interviewed on the validity of the fear of persecution in his homeland.

«Now the policy of the Biden administration is quite loyal to immigrants, and they are trying not to detain them for a long time. If the border guards immediately conduct such an interview, and the person proves real reasons to be afraid of returning to his homeland, most likely, he will not end up in any prison. However, if it turns out that a person does not have such reasons, he can be immediately sent for deportation. Now, by the way, there are many cases of deportation of Russians who have no real grounds for obtaining political asylum. It happens that the applicant is not immediately interviewed for fear of return, and he has to wait for him in prison", says the lawyer.

Waiting in Mexico at will

Now immigrants are invited not to storm the southern border, but to register through a special application (ForumDaily previously wrote, how the CBP One app works), after which they will be offered a date for an interview at a specific border point. You have to wait for such an interview for weeks, or even months, and the best place to wait, again, is Mexico. Thus, even avoiding a forced "turn" at the border, many asylum seekers in practice are still waiting for an interview in a neighboring country.

«In this case, it is better for a person to be in Mexico City or in one of the Mexican border cities, because this application does not work in other cities", advises Ekaterina Muratova.

In reality, not all immigrants have the patience to wait for the appointed date, and some still try to break through to the southern border outside the official checkpoints. As already mentioned, after the cancellation of Title 42, this is easier to do. However, the lawyer emphasizes that those who wish will still need guides, which means that they have an increased risk of becoming victims of fraudulent schemes, and sometimes violent crimes.

«Do not forget that people in this case do not go along the road. They sail in boats that sink from time to time; they are transported in cars in which people sometimes suffocate. This method is hardly suitable for families with children."- notes Ekaterina Muratova.

That is why registration through the CBP One app is the safest option, given that there is now an influx of migrants at the border.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive

How to expedite the processing of an immigration case

Regardless of how a person got to the United States and where he is waiting for his case to be considered, the court will decide his fate, which, given the influx of immigrants, can wait a very long time.

«Applicants have the option to apply for an expedited hearing. However, this can only be done if you have extraordinary circumstances and arguments to prove them. For example, if a man applies for asylum who has a wife and children in Russia, and he can prove that they are in danger: the police come to them with searches, they receive threats, and so on", advises the lawyer. At the same time, Muratova clarified that such a petition does not give one hundred percent guarantees of a faster consideration of the case.

Another possibility to speed up the case is an agreement between lawyers.

«Lawyers can ask their colleagues if anyone would like to switch dates. Not all asylum applicants want to go to court, and some, on the contrary, have a desire to “pull” their case. If the lawyer manages to reach an agreement with someone whose client is not eager to hear a decision in their case, they can jointly file a petition with the court with a proposal to switch dates", - explains Ekaterina Muratova.

Another way to avoid long court cases is to obtain immigration documents through a program other than asylum. The lawyer notes that now it is really difficult for Russians to get a work visa in the United States, or "visa for talented- at least it can't be done quickly.

«If you have the opportunity to spend a year and a half in a safe place, it makes sense for you to try to apply for any of the existing visas outside the United States. However, if you are directly in danger, the fastest option is to cross the border through Mexico", - explains Ekaterina.

You may be interested in: top New York news, stories of our immigrants, and helpful tips about life in the Big Apple - read it all on ForumDaily New York.

The lawyer emphasizes that in this case, the legal basis for being in the United States for immigrants is precisely the asylum request, but it does not prevent them from using other immigration programs in parallel.

«If you have already entered the country through the southern border, applied for asylum and received a work permit, you can discuss with your employer the possibility of filing an immigration petition for you based on your employment in the company. We are talking about visa categories EB-2 and EB-3. Some may file immigration petitions themselves without the presence of a US employer (categories EB-1, EB-2 NIW). The procedural terms of such petitions are 1,5–2 years, and if they are approved, the applicant and his family members receive green cards. It's much faster than getting them through the refugee route.", - concludes Ekaterina.

Read also on ForumDaily:

How to travel for green card holders: terms and conditions for returning to the USA

Title 42 has ended: what will happen to immigrants on the borders of the USA and Mexico

Russia cancels the visa regime with Georgia and lifts the ban on direct flights

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