The U.S. Department of Homeland Security (DHS) recently announced new policies impacting asylum eligibility and processing, particularly for those entering the southern border. Here’s a breakdown of the key points:
Limited Asylum Eligibility:
- During times of high border crossings, asylum will generally be unavailable for those entering across the southern border.
- Exceptions exist for extreme situations like facing imminent threats or being a trafficking victim.
Changes to Expedited Removal:
- You won’t be automatically interviewed about fear of returning home.
- You must clearly express fear of returning to your country to be referred for an interview.
Increased Removals:
- The goal is to remove those ineligible to stay in the U.S. more quickly.
Who is Exempt?
- U.S. citizens and lawful permanent residents (LPRs)
- Unaccompanied children
- Victims of severe trafficking
- Individuals with valid entry documents
- Those with CBP One appointments
- Others entering at CBP officer discretion
How to Stay Informed:
- Look for signs posted in detention facilities explaining your rights.
- Ask an officer if you have questions about asylum or fear of return.
Important Notes:
- This is a complex legal situation. This summary is not a substitute for legal advice.
- These policies are currently in effect and may change based on border crossing numbers.
Conclusion:
The June 2024 Proclamation and accompanying Interim Final Rule represent a significant shift in U.S. immigration policy, particularly impacting asylum seekers at the southern border. These measures are designed to manage high encounter periods more effectively and ensure timely decisions and consequences for noncitizens. As these policies take effect, it is crucial for affected individuals to understand their rights and the new procedures in place.
If you or someone you know may be affected by these changes, it’s essential to stay informed and prepared. Visit the Department of Homeland Security’s official website for detailed information and resources.
If you need legal assistance, Contact us today for professional legal assistance . Our experienced immigration attorneys and local advocacy groups are here to help you understand your rights and explore your options under the new regulations.
About The Author
Conrad E. Pollack
Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions.
Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School.
Awards: Recipient of numerous professional excellence awards.
Memberships: Active member of the American Immigration Lawyers Association.
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