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1 1 (Updated September 19, 2024)

handle is hein.crs/goveqrm0001 and id is 1 raw text is: The Impact of the Securing the Border Interim Final Rule on Migrant Encounters and Processing Updated September 19, 2024 In FY2023, enforcement encounters by the Department of Homeland Security's (DHS's) Customs and Border Protection (CBP) at the Southwest border reached their highest recorded annual level (2.5 million migrant encounters). Monthly encounters increased at the end of calendar year 2023, reaching a record monthly high of 302,000 in December. In the first 11 months of FY2024, CBP recorded 2 million encounters. The majority (nearly 1.5 million) were apprehensions along the border between ports of entry by CBP's U.S. Border Patrol (USBP). In response to rising encounters, President Biden signed a proclamation on June 3, 2024, that suspends and limits the entry of certain migrants at the southern border. DHS and the Department of Justice (DOJ) issued a joint interim final rule (IFR) that restricts asylum eligibility for migrants subject to the proclamation's suspension of entry. Immigration law authorizes CBP officers to charge aliens with immigration violations and process them for removal (deportation). Generally, CBP chooses one of two removal pathways. Under the formal removal process, CBP issues a migrant a notice to appear (NTA) charging document and files it in an immigration court (within DOJ's Executive Office for Immigration Review). During removal proceedings, an immigration judge determines whether the individual is subject to removal from the United States. The individual may apply for relief or protection from removal, including asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Unless they are subject to mandatory detention, most migrants issued NTAs are released from DHS custody to await proceedings. The backlog of pending cases in immigration court has been exacerbated by migrant encounters at the Southwest border resulting in NTA filings. In FY2024 Q3, the backlog reached 3.5 million cases. With 725 immigration judges on staff, some individuals wait years to have their proceedings completed. Certain recently arrived aliens, typically those apprehended by CBP at or near a U.S. border, may be subject to expedited removal, which allows DHS to remove individuals without a hearing. Those who express a fear of persecution or torture if returned to their country of origin or an intent to apply for Congressional Research Service https://crsreports.congress.gov IN12417 CRS INSIGHT Prepared for Members and Committees of Congress

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