Asylum at the US southern border: Biden's new ban order explained - ForumDaily
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Asylum at US Southern Border: Biden's New Shutdown Order Explained

June 4 US President Joe Biden signed a decree, temporarily limiting the right to file asylum claims at the U.S.-Mexico border. The order is in effect until the number of border apprehensions falls below 1500 per day and remains at that level for at least three weeks. Now there are much more of them - on average, 3700 migrants were detained per day during May, writes Voice of America.


In short, the decree boils down to the fact that anyone who crosses the border illegally will not be eligible for asylum. But the document provides exceptions and additional conditions.

Who the ban concerns

All migrants, regardless of citizenship, if they illegally crossed the southern border of the United States.

While restrictions are in place, migrants crossing the southern border illegally will face expedited deportation. Only those who express a well-founded fear of return to their home country, that is, “fear of persecution or torture,” and immediately declare their intention to claim asylum, will be screened for a well-founded fear by an asylum officer.

Human rights activists call this situation a “scream test.”

“If you can scream and demand shelter, then maybe you can get through. But we know that people don't always speak English. They don't always know that this is the way to get protection and be safe,” said Amy Fisher, director of refugee and migrant rights at Amnesty International USA.

On the subject: The US has opened a new immigration court: it will significantly speed up the processing of asylum cases

“These measures will apply to both individuals from our hemisphere and migrants from the Eastern Hemisphere. With regard to the policy of returning migrants to Mexico, we will continue to do so for citizens of Cuba, Haiti, Nicaragua and Venezuela,” a Department of Homeland Security (DHS) spokesperson said.

Mexico's return policy involves sending asylum seekers from certain countries to await their trials in Mexico rather than allowing them into the United States.


Biden's asylum ban and threat of expedited deportation exclude certain categories of migrants:

  • unaccompanied children;
  • victims of human trafficking;
  • migrants who require emergency medical care;
  • those who have valid visas or other legal permission to enter the United States.

People who use legitimate procedures to cross the southern border, particularly the CBP One mobile app, will not be affected by the new ban. CBP One allows asylum seekers to line up while in Mexico to cross the U.S. border and apply for asylum. However, you will have to wait several months for this application if you live in Mexico.

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Those who cross the border illegally and cannot demonstrate a risk of persecution or torture in their home country will be "immediately removed and subject to a minimum five-year ban on re-entry into the United States, as well as potential criminal prosecution," the Department of Homeland Security said.

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