BACKGROUND
DHS/The Department of Homeland Security includes ICE/Immigration & Customs Enforcement, BP/Border Patrol and CBP/Customs and Border Protection. BP/Border Patrol is responsible for control between ports of entry while CBP is responsible for control at ports of entry. A port of entry is a facility staffed by CBP agents. Both BP and CBP look for drugs and handle undocumented people crossing the border. Someone crossing the border illegally between ports of entry is now removed as of May 11, 2023 by BP. Someone who asks CBP to seek asylum at a port of entry is given a credible fear interview to determine whether they need legal protection.
Since the Fall of 2022, USCIS/US Citizenship and Immigration Services has devised a way for trained interviewers to do a Credible Fear Interview more quickly. They first did a pilot and by 5/11/2023, it is in place. The time for an asylum seeker to find an attorney to help with the credible fear interview has been cut down to 24 hours as of 5/12/2023. If the asylum officer determines they have a credible fear and qualify to enter the U.S., they are free to go but must apply for asylum within a year. If they do not qualify for credible fear, they are ordered to be removed, but they can appeal in the courts. However, some are detained during the screening process until a court has decided they may seek asylum; many are even charged a bond. Detention can be in an ICE Detention Center, or by wearing an ankle bracelet, or by having a phone that can be tracked.
Title 42 was instituted during the pandemic to prevent further spread of COVID, but it lasted beyond the end of the pandemic. People trying to seek asylum were immediately returned to their country of origin or to Mexico but could come later. Many tried to cross illegally one or more times. Some people were able to enter under humanitarian parole. Title 42 ended on 5/11/2023.
CBP One was initiated by President Biden in January, 2023. It is an app used to apply for an interview with CBP for asylum seekers, but they must apply from their home country or the first country they enter on their way to the U.S. It was designed for 30,000/month asylum seekers from Haiti, Cuba, Venezuela and Nicaragua who would enter the U.S. under humanitarian
parole. Since these four countries will not take back people seeking asylum in the U.S., Mexico has agreed to take 30,000 unqualified people/month. Applicants must have a passport and a sponsor in the U.S. who will finance them and initiate the application process. The application is now in several languages but the instructions are only in Spanish & English. Mexico has agreed to take 30,000 people/month who are not admitted under this program. Appointments are only in 8 ports of entry out of the 300 along the border. There are major kinks to work out such as: many more people are trying to apply than there are slots; families are finding it difficult to apply together; the facial recognition of those with dark skin is unreliable; and people are having problems with their cell phones or the wifi connection. On May 11, 2023, Title 42 was terminated and CBP One is now required of all asylum seekers. If they are traveling through other countries on the way to the U.S., they must apply for asylum in the first country they come to. If that country does not grant them asylum, they can then apply to enter the U.S. If that country does grant them asylum, they cannot apply to enter the U.S. These new rules are considered illegal and will be challenged in court. People who try to enter the U.S. without going through this process or going between the Ports of Entry will be given expedited removal and cannot try to seek asylum for five years. All unaccompanied children (0-18 years old) and people who have humanitarian parole are exempt from using CBP One and can enter the U.S.
Humanitarian Parole is provided to people with serious health/mental health issues or who have a compelling emergency. It was used frequently during the time when Title 42 was in effect. It lasts 1-2 years and recipients can get a work permit. Many people who were in MPP have been given humanitarian parole. Afghans and Ukrainians are also being given humanitarian parole. DACA recipients are here on humanitarian parole and have to renew their status every couple of years. Congress could agree to have any of these groups remain in the U.S., but they haven't so far except for Afghans.
MPP/Remain in Mexico is a program started during the pandemic to have asylum seekers remain in Mexico during their court process. It is very difficult to get legal representation for U.S. courts while living in Mexico. People have been housed in crowded shelters for long periods of time. The U.S. government says it helps to pay for shelters, but the funds do not reach them much. Volunteers in Mexico and the U.S. are providing most of the basic needs and giving them correct information about seeking asylum in the U.S. MPP was ended by President Biden early in his term.
RELEVANT LWV POSITION
“The League supports the following criteria for legal admission of persons into the United States: flight from persecution or response to humanitarian crises in home countries; economic, business and employment needs in the United States; education and training needs of the United States.”
TALKING POINTS
- A division of ICE
- Entering through a Port of Entry
- Crossing the border between Ports of Entry
- An asylum seeker can seek asylum based on a well-founded fear of persecution because of their race, nationality, religion, political opinion or member of a particular social group
- Processing of Asylum Seekers and sending them to their Sponsors
- Title 42
- Humanitarian parole (includes DACA, Afghans and Ukrainians)
- Remain in Mexico/MPP
- CBP One