Immigration is a complex process with a broad set of regulations that apply to different situations. Making it even more complicated, those regulations frequently change. We work closely with our clients to stay on top of those changes and understand any regulation changes that would apply to them.
Earlier this year, the U.S. government put in place a new rule with extra restrictions on seeking asylum. This rule replaced Title 42, which was adopted during the COVID-19 pandemic. This month, a federal judge blocked the new rule. However, he left the rule in place for 14 days, until August 7. The administration is appealing the order.
For now, however, the new rule is in effect. It is important to note that it doesn’t affect all migrants or all of those who have applied for asylum.
What is Title 42?
Title 42 is the name of an emergency health authority that was issued in March 2020 during the pandemic. It allowed U.S. officials to turn away migrants who came to the U.S.-Mexican border. It was intended to prevent the spread of COVID-19.
Under Title 42, border officials returned migrants over the border and they were denied the right to seek asylum. Families and children traveling alone were exempt.
What has changed?
In January, the government announced the end of national COVID-19 emergencies. This eliminated the Title 42 restrictions. Title 42 was replaced with a series of new policies about illegal border crossings. Now there are more strict consequences for crossing the border illegally. Those who are caught will not be allowed to return for five years and can face criminal prosecution.
New Asylum Rules
Anyone who comes to the U.S. can ask for asylum under international and U.S. laws. When someone comes to the U.S.-Mexico border and asks for asylum, they are screened to determine whether they have a credible fear of persecution. The case is sent to the immigration court system to determine if they can stay in the U.S. This process can take years and individuals are usually released into the U.S. to wait out their case.
Under the new rules, individuals must first seek protection in a country they traveled through or apply online. This is being challenged in court.
The Prompt Asylum Claim Review program was expanded to speed up the process. This program puts credible fear interviews on a fast track when individuals are detained in CBP custody. Additionally, interviews of individuals in CBP custody are expected to be held within hours of apprehension.
Options for Asylum
The U.S. will accept up to 30,000 people from Venezuela, Haiti, Nicaragua, and Cuba who have come by air, have a sponsor, and apply online. The government will also allow up to 100,000 people from Guatemala, El Salvador, and Honduras if they have family in the U.S. and apply online.
What happens with migrants who are already in the U.S.?
The new rules do not impact ongoing cases or applications for asylum made prior to the change. Those who are waiting for a hearing can remain where they are.
If you have any questions about your status or a family member’s status, please reach out for a consultation. We can help you understand your rights and navigate the system.
