Just as his term nears the end and he is seeking re-election, Joe Biden issued an executive order restricting asylum to migrants who arrive in the United States illegally across the border. Why are you doing it right now?
Although the tenant of the White House blames the Republicans, immigration lawyer María Herrera Mellado emphasizes that the president himself and his administration are to blame for the largest immigration crisis in the history of the country.
“It is a law that aims to contain the massive and disorderly arrival at the southern border of the United States. A problem created and encouraged by this Administration that was never aware of the call effect that her statements would generate in the presidential pre-campaign and during her term,” analyzes the jurist. “It is a political strategy to save her mandate. “It has been truly chaotic working with this Administration to protect truly persecuted immigrants who deserve protection from scammers, abusers, and those who come to destabilize and attack our nation.”
The total irregular income from 2021 until last April is 9,905,422. The figure does not include those who have managed to escape from the authorities. The number of migrants who have managed to escape federal control at the border has skyrocketed in the last three years. The total is estimated at 1,664,203. Texas Department of Public Safety spokesman Chris Olivarez said the numbers recorded over the past three years are unprecedented and concerning.
“At this time, the measure represents a warning to people seeking to enter the United States irregularly through the border with Mexico. It is a way to counteract the great misinformation that is given to people who come to the United States, assuming that they will have free will to submit a request for asylum even if they enter the country through the border,” explains the immigration lawyer. Isadora Velázquez.
“In summary, the order consists of limiting the people who can apply for asylum after entering irregularly through the border with Mexico. Once applications for irregular entries reach a certain number, no more applications will be accepted and people who enter will be automatically removed from the country,” he said.
The executive order had immediate effect, since in order to be activated, more than 2,500 daily encounters had to be registered on the border between the ports of entry. At this time the daily averages exceed this limit. The last time the number of daily arrests for illegally crossing the border from Mexico was below 2,500 was in January 2021, according to The Associated Press. The month Biden became president.
“As an Immigration lawyer, I find it regrettable the way in which it has operated under the Biden-Harris Administration, endangering the lives of hundreds of thousands of women and minors while our borders were disrespected and organized crime was allowed to have the operational control not only of the US border with Mexico, but also that of Guatemala or Panama with Mexico, among others,” denounces Herrera Mellado.
Political asylum
Joe Biden’s opponents have denounced, throughout his mandate but especially in the last 12 months, the risk of keeping the southern border open. Well, they point out that enemies of the US have entered through this route. However, people who did require asylum have also entered. What happens to them?
“People who present themselves at the border when it remains open will be able to request an interview to establish a credible fear interview and apply for asylum. None of this would change. If the border is closed, they will have to wait in Mexico and request appointments through the CBP One application,” highlights Herrera Mellado.
Her colleague, Isadora Velázquez, gives a similar explanation: “People considering entering the United States across the border should understand that doing so irregularly is illegal. Under the Biden administration, this is the first time that people who need to apply for asylum can apply for legal entry into the United States in order to apply for said benefit. Asylum candidates must use the CBP One program to schedule an appointment at the port of entry to avoid illegal entry, which is why we now have this executive order. Unfortunately, the CBP One program is slow, but waiting for such an appointment is a better option than entering the country illegally to seek asylum.”
Retroactivity
The almost 10 million people who have entered through the southern border in the Biden administration and already live in the United States will not be directly affected by the executive order signed this week by the president.
“People who are already in the country must appear with ICE at their appointments, go to the established trials to defend their cases, request asylum or see the possibility of requesting adjustment of status, in the case of Cubans if they entered with parole. . Each case may vary depending on the form of entry and the relief available,” explains Herrera Mellado.
Velázquez has a similar position, although he warns that “some courts have closed cases administratively, and the lack of uniformity both in the courts and at the border makes it genuinely impossible to determine concretely what will happen to the people who are already here.”
