On February 21, 2023, the Biden Administration announced a new proposal to restrict asylum access at the southern U.S. border. Under this policy, migrants who fail to first try a lawful process will not be granted asylum at the border. Some existing lawful processes include:
- humanitarian parole program for Venezuelans, Haitians, Nicaraguans, and Cubans
- formal scheduled arrival at the port of entry
- attempting to seek third-country asylum, even if it is denied
The policy would go into effect after the expiration of the Trump-era’s Title 42 on May 11, 2023. At this time, the exact timeline has yet to be announced. The proposed immigration policy is currently in its 30-day public comment period.
Third Country Rule
The policy specifically states “a rebuttable presumption of asylum ineligibility” will be in place for any migrant passing through a third country that fails to seek protection there first. Failure to abide by these restrictions will result in deportation without the option for an immigration hearing.
Under the current proposal, Mexicans may still be eligible for asylum and would not fall under the third country clause.
Exceptions
While the asylum policy aims to decrease the influx of migration, there are still some exceptions outlined. Migrants who experienced any of the following may still be eligible for asylum status, even if they did not first attempt a lawful entry:
- Trafficking
- Imminent threats such as kidnapping, rape, or similar forms of torture
- Acute medical emergency
This will also apply to any family members traveling with the individual, even if they themselves do not fall under the criteria.
Asylum Attorney Near Me
Due to the ongoing changes in asylum status and border security, it is advised you speak to an experienced immigration lawyer to understand your rights under current policy. Failure to follow federal mandates can have a negative impact on your immigration status and may threaten your chances of staying in the country.
Our team of asylum attorneys will work with you to determine the best course of action. We are always up-to-date on federal policies, allowing us to ensure a more successful outcome. Contact us today to hear how these changes may impact your immigration status. Let us help you!
