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

The United States government has withdrawn a pandemic rule which served to immediately expel hundreds of thousands of migrants who have crossed the border illegally over the past three years.

Now, migrants who enter the country illegally will have the opportunity to do so seek asylumwhich is a legal status that people can obtain if they prove they face persecution or other risks in their country of origin.

That does not mean that it will be easy to meet the requirements. The Biden administration will impose new restrictions on requirements and, if the process works as intended, many migrants they will be deported relatively quickly Anyway.

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

matter of luck

So what determines if you can enter the US? Sometimes it is about the quality of the case presented or compliance with the rules of a system that often it’s chaotic. Many times it’s a matter of luck.

Below we try to explain what the process of crossing 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 leading experts in the country on this topic.

In recent months, President Biden has used his executive authority to establish a path for some immigrants to enter the country legally: requesting what is known as a “humanitarian word.”

This measure offers Haitians, Venezuelans, Nicaraguans and Cubans the ability to live 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 program. However, the number of places per month is limited. You also need to find someone who is already in the US take financial responsibility of you.

Moreover, you must have a valid passport from your home country e money to buy the plane ticket.

an app

In January, the government rolled out another method to encourage people to emigrate in an orderly manner, rather than taking the perilous route that creates a bottleneck at the border. Regard a new app called CBP One.

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

Sounds easy enough, but the application had errors and the probability of getting an appointment has been compared to that of winning a lottery ticket.

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

Cross the border

First, you should have a basic understanding of what it’s like to cross the border illegally. Sometimes you have to cross a desert or a large body of water, but it’s not always that difficult.

In some places, such as parts of Ciudad Juárez, the Mexican city across from El Paso, Texas, US soil can be reached by walking a few steps across a relatively shallow, narrow, and calm stretch of the Rio Grande.

Had the migrants done so when Title 42 was in effect, US officials could have sent them back to Mexico. in a few minutes, that will no longer be an option.

Now, people who enter the country without proper documentation will be subject to formal removal proceedings, which is a lengthy process that takes years, or expedited removal proceedings that aim to process and deport people more quickly. .

families and children

Above all, families and children will enter the first slopeslower, which means they will have a date to appear before an immigration judge, but they can wait inside the country, live and work legally until a decision is made on your case.

single adults

In case of single adults, they will most likely go through an expedited removal process. If the system works as intended, those migrants could face deportation cWith a felony charge within days.

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

If you are looking for a safe haven, ask for asylum you have to show the reasons because you fear going back to your home country. But it will be much more difficult than before, due to the new provisions that President Biden is putting in place.

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

This requirement, which critics call a “driving ban”, is likely. will face legal challenges by human rights groups who say it is practically tantamount to an asylum ban.

Seeking asylum in Mexico, where the government system is very saturated, it can take months if not what years. Many migrants say they do not feel safe in the countries they pass through.

If you are placed in accelerated removal, that measure could be applied within a few days of the crossing.

asylum hearings

Even if you are released to the United States, when you finally appear before a judge you will need to prove that you have been denied asylum in one of the countries you traveled through to reach the United States, even if that journey took months or years ago.

Asylum hearings can take years to resolve, and most applications are denied, 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: to undertake the often arduous, dangerous and uncertain journey through rugged territory and braving unforgiving elements to attempt entry into the United States. without being discovered.

If you get it, you will live without a legal permit running the risk that the authorities find you and deport you at any moment.

c.2023 The New York Times Society

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