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New Southern Border Executive Order Restricts Asylum Eligibility | godoy law office immigration lawyers

New Southern Border Executive Order Restricts Asylum Eligibility

President Biden issued an executive order on June 4, 2024, that restricts migrants from seeking asylum at the U.S.-Mexico border during surges in crossings. The Presidential Proclamation on Securing the Border became effective at 12:01 a.m. Eastern daylight time on June 5, 2024. According to The New York Times, “the policy activates when the seven-day average of daily illegal crossings reaches 2,500 — a common situation currently. The border will only reopen once the average drops to 1,500 for seven consecutive days and remains at that level for two weeks.”

3 Key Points For New The Southern Border Asylum Order

  1. Noncitizens who cross the southern border unlawfully or without authorization will generally be ineligible for asylum. Except for exceptionally compelling circumstances and unless they are excepted by the Proclamation.
  2. Noncitizens who cross the southern border and are processed for expedited removal while the limitation is in effect will only be referred for a credible fear screening with an Asylum Officer if they manifest or express a fear of return to their country or country of removal, a fear of persecution or torture, or an intention to apply for asylum.
  3. The U.S. will continue to adhere to its international obligations and commitments by screening individuals who manifest a fear, as noted above, and do not qualify for an exception to the rule for withholding of removal and Convention Against Torture protection at a reasonable probability of persecution or torture. A new, substantially higher standard than is currently applied under the Circumvention of Lawful Pathways rule.

This rule also limits fear screenings to people who show fear or ask for protection and makes the standards for protection claims stricter. These measures aim to speed up and widen the consequences for those who cross the border illegally or try to enter without permission. It allows for quicker removal of those who do not have a legal reason to stay in the United States. The U.S. will lift the restriction on asylum eligibility when the number of encounters drops below certain levels. But it will reinstate the restriction if the numbers go up again.

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Immigration Attorney Mario Godoy
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