The United States on Friday lifted border restrictions due to the COVID-19 pandemic which had held many migrants at the border with Mexico. The old Article 42 has been replaced by a new provision on asylum designed to deter illegal border crossings.
However, several last-minute lawsuits have added to the confusion over how the new border policy will work in the coming days.
Shortly before Section 42’s scheduled expiration at midnight on May 11-12, immigration lawyers representing the American Civil Liberties Union filed a lawsuit against the new bans on asylum, alleging that they violate U.S. law and international treaties.
Advocates argue that the new regulations, introduced by President Joe Biden to curb illegal migration, are reminiscent of restrictions imposed by his predecessor, Donald Trump.
Human rights groups have blocked Trump’s rules in court and asked the same California judge to block them as well.
US Homeland Security Secretary Alejandro Majorcas defended Biden’s decision in a series of television interviews on Friday morning, saying it was intended to encourage migrants to enter legally rather than cross the border illegally.
Chaotic situations were reported on many stretches of the border on Thursday as migrants attempted to enter the country before Article 42 expired and the new rule came into force. The decision suggests that most migrants are not eligible for asylum if they have crossed into other countries without first seeking protection from the authorities of those states, or if they have not used legal channels to enter the United States, the list of which was expanded by Biden.
In recent days, thousands of migrants have crossed the US border, hoping that their asylum applications will be processed before midnight.
Some migrants surrendered to border guards. Others tried to cross the border undetected.
Trump first implemented Section 42 in March 2020 as the COVID-19 pandemic swept the world. Health officials said the order at the time was aimed at containing the spread of the virus in overcrowded detention centers. This allowed US authorities to quickly deport migrants to Mexico or other countries without the possibility of seeking asylum in the United States.
However, Democrats, public health experts and immigration advocates saw it as an extension of Trump’s efforts to block migrants at the border.
Biden, who campaigned to change Trump’s policies, kept Section 42 in place and even expanded it. In total, there have been more than 2.7 million deportations from the United States under Section 42, with many people being deported from the country multiple times.
Even before Section 42 expired and with the end of the public health emergency related to COVID-19, the Biden administration began efforts to reduce the record influx of migrants at the US-Mexico border, which puts the American authorities to the test. and border towns.
Republicans accuse Biden of easing restrictive policies. Biden has accused Congress of failing to pass comprehensive immigration reform.
However, with the introduction of the new asylum rule, Majorca and other Biden administration officials are trying to send the message that illegal migrants will face consequences. Troops and thousands of additional Customs and Border Guard personnel were sent to the border.
“Do not believe the lies of the smugglers. The border is not open,” Mallorcas said in a statement.
Some migrants who spoke to Reuters on Thursday said they had heard it would be more difficult to enter the country after May 11 and rushed to cross the border before the deadline. This week, the number of daily detentions exceeded 10,000 and the capacity of detention centers reached its maximum.
Due to the large number of arrivals, officers on Wednesday began releasing some migrants without notice to appear in immigration court, where they can apply for asylum, recommending that they report later to the immigration office. ‘immigration. But late Thursday night, a federal judge in Florida blocked that ruling, saying it was a violation of due process.
US Customs and Border Protection called the decision “prejudicial” and said it would “lead to dangerous overcrowding” in immigration detention centers.
The US Coast Guard issued a separate statement on Friday, recalling that the end of Section 42 does not change maritime migration policy and stressing that “US maritime borders remain closed”.
“Article 42 has never been applied to migrants detained at sea. The task force is monitoring the situation to ensure that misinformation among diaspora communities or misinformation spread by smugglers does not contribute attempts to reach the United States by sea,” the statement read.
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