The president's order will temporarily stop the entry of most migrants at the southern border. Officials said that while this executive order is in effect, those who enter the United States through the legal entry points of the U.S. southern border will be barred from asylum and will be immediately removed to Mexico or their home countries.
U.S. asylum officers will ONLY screen migrants who directly express a fear of persecution or torture. However, these individuals will ONLY be considered for lesser forms of protection, NOT asylum, and they must pass their interviews to prevent deportation. They will process approximately 1,500 people at the points of entry under the CBP One process, a system used in the government app CBP One.
If the Secretary of Homeland Security determines that the weekly average of daily undocumented border entries is under 1,500, regular asylum processing will be restored 14 days after this finding. If the entries surpass a weekly average of 2,500 daily crossings, the executive order will be reenacted.
This executive order will NOT apply to unaccompanied children, those with acute medical conditions or fleeing imminent harm, and migrants who use legal pathways to enter the U.S.
The Biden Administration is basing its decision on section 212(f) of the Immigration and Nationality Act, a 1950s law that allows the president to stop foreigners from entering the country when their arrival is deemed as “detrimental to U.S. interests” by the executive branch.
The American Civil Liberties Union said it will challenge the president’s action in court, arguing that an asylum ban is just as illegal as when former President Trump tried to enact one.
This response comes in light of record levels of migrant arrests reported by American officials, according to President Biden.
SOURCES:
www.cbsnews.com/news/biden-executive-order-immigration-border-asylum/