The executive order signed on Tuesday by the President of the United States, Joe Biden, represents several changes in the operation of the border that affect Cuban migrants.
The measure sharply restricts asylum requests at the border with Mexico and will allow US authorities to deport those who do not meet strict asylum standards. In the case of Cubans who do not arrive with a CBP One appointment, they will be immediately returned to Mexico.
In addition, it will allow the closure of the border when the figure of 2,500 daily arrests is exceeded for an average of seven days.
What changes with this new order from Biden?
1- The first action is to prohibit immigrants who illegally cross the southern border from receiving asylum, unless they arrive with a quote from CBP One (which offers 1,450 appointments a day), in which case the asylum option will be available.
This proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act suspends the entry of noncitizens who illegally cross the border and is accompanied by an interim final rule from the Departments of Justice and Homeland Security, where Asylum is restricted for non-citizens.
The rule will be in effect when the southern border is overwhelmed and will make it easier for immigration officials to quickly expel people who have no legal basis to remain in the United States.
2- The border will be closed immediately when the number of encounters exceeds 2,500 per day, for which this measure could come into force immediately because the daily figures are currently higher than that figure.
3- The protocols for requesting asylum will be relaxed again once that number decreases to 1,500 on average over 14 days, which could be difficult to achieve since the last time the average detentions dropped to 1,500 was in July 2020, in the middle of the pandemic.
4- For their part, migrants who arrive and can request asylum must demonstrate that there is a “reasonable possibility” that they are at risk of torture or that they will be persecuted if they are returned to their country of origin, which will adhere to the obligations of the United Nations convention against Torture, which prohibits deporting someone to a country where they may face torture.
5- If migrants do not have the ability to demonstrate that they qualify for asylum under this higher standard, they will face deportation proceedings in a matter of hours or days.
In that case, the situation will vary depending on the nationality of the migrant or asylum seeker: Mexicans or nationals of Cuba, Haiti, Nicaragua and Venezuelawill be returned directly to Mexico under prior US agreements with Mexican authorities.
Those arriving at the border from elsewhere, such as Colombia or Ecuador, or other countries outside Latin America, will be expelled on deportation flights.
6- The rule includes exceptions for unaccompanied minors traveling north, as well as victims of human trafficking, those who have an acute medical emergency or an extreme threat to their life and safety.
7- The measures are not permanent. Protocols for seeking asylum will be relaxed again once that number drops to 1,500 encounters on average over 14 days. However, this could be difficult to achieve since the last time the average number of arrests fell to 1,500 was in July 2020, in the middle of the pandemic.
Other recent actions to secure the border in the US.
1. In the context of these measures the Department of Homeland Security also published a rule to ensure that migrants who pose a risk to public or national security are expelled as quickly as possible in the process, rather than remaining in detention prolonged and costly before their expulsion.
2. Actions to more quickly resolve immigration cases: The Department of Justice and the Department of Homeland Security launched a recent arrivals file to more quickly resolve cases of migrants who attempt to cross between ports of entry on the southern border in violation of the laws.
The Department of Justice will be able to hear these cases quickly, and the Department of Homeland Security will be able to sooner expel people who have no legal basis to remain in the United States and provide protection to those with valid claims.
3. Visas revoked of CEOs and government officials who profit from immigrants who arrive illegally in the US: The State Department imposed visa restrictions on executives of several Colombian transportation companies that profit from the trafficking of migrants by sea. This action cracks down on companies that help facilitate illegal entry into the United States.
The State Department also imposed visa restrictions on more than 250 members of the Nicaraguan government, non-governmental actors and their immediate family members, for their role in supporting the Ortega-Murillo regime, which is selling transit visas to migrants in and out of West.
The State Department revoked visas of charter airline executives for similar actions.
4. Expanded efforts to dismantle human trafficking and support immigration processes
The Departments of State and Justice launched an “Anti-Smuggling Rewards” initiative, designed to dismantle the leadership of human smuggling organizations that bring migrants through Central America and the southern border of the United States.
The initiative will offer financial rewards for information leading to the identification, location, arrest or conviction of those primarily responsible for significant human trafficking activities in the region.
The Department of Justice will seek new and increased penalties against human traffickers to adequately take into account the seriousness of their criminal conduct and the human misery it causes.
This department will partner with the Department of Homeland Security to direct additional prosecutors and support staff to increase immigration-related prosecutions at crucial federal border prosecutor’s offices.
Despite these measures, Biden assured that he will not “demonize” migrants; and he asked Americans for patience and confidence in their management of the immigration issue, as the November elections approach.
“I am not going to separate children from their families,” the president promised.
