A recent presidential proclamation and a new rule titled “Securing the Border” have dramatically altered the landscape for asylum seekers and other migrants attempting to cross the southern border illegally. The core of these measures is the authority granted to suspend entries into the U.S. when the number of encounters between ports of entry reaches a certain threshold.
What does this mean in practice? When the average number of daily encounters between ports of entry hits 2,500 over seven days, the U.S. government can implement a temporary suspension of entry for non-citizens who do not present themselves at a port of entry. This suspension remains in effect until the number of encounters drops below 1,500 for seven consecutive days.
The primary consequence for individuals attempting to cross illegally during these periods is rapid removal from the U.S., often without the opportunity to seek asylum. This process is designed to be swift, aiming to deter irregular migration.
Limited Exceptions to the Rule
While the measures are strict, there are some limited exceptions:
Individuals who present at a port of entry: The suspension applies to those who cross between ports of entry. Individuals who use official ports of entry and undergo inspection are generally exempt from these new restrictions.
Vulnerable populations: There are specific carve-outs for individuals who can demonstrate an acute need for immediate medical attention or those facing an imminent and extreme threat to life or safety. However, proving these circumstances is challenging and requires strong evidence.
Unaccompanied Minors: Unaccompanied children crossing the border remain exempt from these suspension measures and will continue to be processed under existing protocols, although the broader policy environment may also influence their pathways to protection.
Implications for Migrants and Families
These new restrictions create a far more challenging environment for those seeking to enter the U.S. irregularly. The risk of immediate deportation is significantly higher, and the avenues for asylum are severely limited for those who bypass official entry points during periods when the suspension is active.
For anyone considering migration, understanding these new policies is paramount. Seeking advice from qualified legal professionals is more critical than ever to explore legitimate pathways and avoid dangerous and potentially futile attempts at irregular entry.