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1 1 (November 16, 2022)

handle is hein.crs/govejka0001 and id is 1 raw text is: Congressional ____ aResearch Service Migrant Arrivals at the Southwest Border: Challenges for Immigration Courts November 16, 2022 The United States has recently experienced record high levels of migration at the Southwest border, with border enforcement encounters exceeding 2.3 million in FY2022. In addition to the processing strain for Department of Homeland Security (DHS) components, this volume of migration has implications for immigration courts in the Department of Justice's Executive Office for Immigration Review (EOIR). Migrant Processing and Removal Proceedings DHS's Customs and Border Protection (CBP) facilitates lawful travel and trade and enforces immigration law at the U.S.-Mexico border; performed by the Office of Field Operations (OFO) at ports of entry (POEs) and the U.S. Border Patrol (USBP) between POEs. This includes processing migrants who arrive at POEs with no lawful basis to enter the country or who cross into the United States illegally between POEs. In some cases, CBP may expel migrants to Mexico or their country of origin without a hearing or the option to apply for asylum under Title 42, a public health authority temporarily in place in response to the COVID-19 pandemic. Otherwise, migrants are placed in Title 8 proceedings (certain migrants are exempt from Title 42 because they are unaccompanied children, from certain countries of origin, or meet other case-by-case exceptions). Under Title 8, DHS has discretion to place migrants in expedited removal or formal removal proceedings. In FY2022, CBP processed approximately 1.3 million migrants at the Southwest border under Title 8, nearly double the number in FY2021, with most (89%) processed by USBP for entering between POEs. This Insight focuses only on USBP processing under Title 8 and its intersection with immigration courts. Under expedited removal, DHS may remove migrants without further hearing or review unless they express a fear of persecution or an intent to apply for asylum. In those cases, DHS's U.S. Citizenship and Immigration Services asylum officers determine whether the migrant has established credible fear and, if so, places them in formal removal proceedings where they may pursue an application for relief before an immigration judge (IJ). (A DHS interim final rule allows asylum officers to adjudicate defensive asylum applications rather than placing the migrant informal removal proceedings. DHS is implementing this process in a phased manner; it is not yet widespread.) During formal removal proceedings, an IJ determines whether a migrant (respondent in immigration court) charged with an immigration violation is removable, and, if so, adjudicates defensive applications Congressional Research Service https://crsreports.congress.gov IN12046 CRS INSIGHT Prepared for Members and Committees of Congress

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