Keys about measures – Telemundo Miami (51)

SAN ANTONIO, Texas — United States President Joe Biden on Tuesday signed a new executive action that seeks to limit the number of people who can seek asylum at the border with Mexico.

Although it is not the first time that the Democratic government has imposed restrictions to deter immigration, it can be considered the most extreme measure taken by Biden in his presidency and reflects the measures used by former Republican President Donald Trump (2017-2021).

How will these restrictions work?

These measures temporarily restrict access to asylum at the southern border; It will be activated when the number of irregular crossings exceeds a certain number and will pause when it decreases.

When these measures take effect, they allow authorities to deport people who cross the border illegally back to their home countries or expel people who cross the border illegally into Mexico, unless they prove under more stringent standards that they would be subject to persecution or torture if expelled. .

Specifically, the restrictions will be triggered when an average of 2,500 daily irregular border crossings exceed a seven-day period.

Daily crossings have already exceeded this number, so it will go into effect “immediately,” according to officials in contact with reporters.

The only way to lift restrictions is for the number of arrests to drop to an average of 1,500 per day for 14 days.

Due to the new order issued by the US government, the border with Mexico was closed immediately. To see more from Telemundo, visit https://www.nbc.com/networks/telemundo

This reduction is difficult to achieve, as such a low number of arrests have not been reported since July 2020, in the midst of the pandemic.

“Once it takes effect, this ban could remain in place for a long time, considering the large number of people arriving at the southern border,” said Kenji Kizuka, an asylum expert at the International Rescue Committee.

In order to apply for asylum in the United States while the restrictions are in place, a person must prove that there is a “reasonable likelihood” that he or she will be subjected to persecution or torture if returned to his or her country of origin.

According to legal experts consulted by EFE, this standard is much higher than the current standard and requires people to provide more evidence to immigration authorities at the border, which are the initial candidates for starting an asylum case in the United States.

However, the executive action contemplates exceptions and does not apply to unaccompanied minors, nor to people who can demonstrate a serious medical emergency, imminent danger to their life or safety, or victims of human trafficking.

What is the legal basis?

The order is based on Section 212(f) of the Immigration and Nationality Act of 1965, which gives the president the authority to deny entry to certain immigrants by executive order if he deems their entry would be “detrimental” to the national interest. .

Trump has invoked this provision on several occasions during his term, including banning the entry of people from Muslim-majority countries. The Republican government has been hit with multiple lawsuits by organizations for using this article.

White House officials indicated that they were already prepared for any legal dispute, and the American Civil Liberties Union’s human rights organization announced that it would challenge the measure in court.

President Joe Biden explains his latest executive actions on immigration.

What real impact will it have on the border?

Since the lifting in May 2023 of Act 42, a restriction that took effect during the pandemic and allowed the immediate expulsion of migrants to Mexico, the Biden administration has implemented several measures to limit who can seek asylum in the United States and deport more people.

However, the real impact of these measures is limited because the United States does not have the capacity to quickly review applications or deport or detain all people who arrive at the border, according to experts consulted by EFE.

The United States currently has an agreement with Mexico to return about 30,000 migrants a month, but only those from Cuba, Haiti, Nicaragua and Venezuela.

“There simply aren’t a lot of planes” to carry out deportations, Adam Isaacson, an expert at the Washington Office on Latin American Affairs, told EFE.

What is happening so far is that the US authorities are allowing these people to enter the country while their asylum application is being processed in court.

Thus, years pass before they have the opportunity to present themselves to a judge and find out what their future will be, according to Aaron Reichlin-Melnick, an analyst with the American Immigration Council.