What is happening at the southern U.S. border?
Denice Flores • November 14, 2024
On June 3, 2024, President Biden signed Proclamation 10773, Securing the Border. On September 27, 2024, President Biden amended Proclamation 10773.
The Presidential Proclamation 10773 has suspended and limited the entry of certain noncitizens into the United States across the southern U.S. border.
As of June 5, 2024, U.S. immigration enforcement and asylum procedures across the southern U.S. border are more strict. According to the Department of Homeland Security, this suspension and limitation on entry and associated measures will apply until 14 calendar days after there have been 28-consecutive-calendar-days of a 7-consecutive-calender-day average of less than 1,500 encounters by DHS. The suspension and limitation on entry will continue to, or again, apply if there has been a 7-consecutive-calendar-day average of 2,500 encounters or more. Therefore, as of now, there is no end date to the rule.
Under the Presidential Proclamation, noncitizens who are apprehended by DHS while attempting to enter the U.S. unlawfully and who do not establish a legal basis to remain in the United States will:
- be promptly removed to their home country or a third country,
- face at least a 5-year bar on re-entry, and
- confront possible criminal charges for a subsequent unlawful reentry.
Noncitizens who cross the southern U.S. border unlawfully and who do not fall in one of the exceptions from the Proclamation, are generally ineligible for asylum, unless there are exceptionally compelling circumstances.
Noncitizens who cross the southern U.S. border, who do not fall within the exceptions, and are processed for expedited removal will only be referred for a credible fear screening if they express a fear of return to their home country, a fear of persecution or torture, or an intention to apply for asylum.
According to DHS, “the U.S. continues to follow international obligations and commitments by screening individuals who manifest or express fear, but who do not qualify for the exceptionally compelling circumstances exception to the rule, for withholding of removal and Convention Against Torture protections at a reasonable probability of persecution or torture standard – a new, substantially higher standard than is applied under the Circumvention of Lawful Pathways rule.”
The suspension and limitations under the Proclamation do not apply to noncitizens who make an appointment to present themselves at a designated land port of entry. The rule also does not apply to lawful permanent residents, other noncitizens with a valid visa or other individuals with lawful permission to enter the United States, unaccompanied children, and victims of a severe form of human trafficking.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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