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1 1 (October 31, 2024)

handle is hein.crs/goverei0001 and id is 1 raw text is: The Impact of the Securing the Border Interim Final Rule on Migrant Encounters and Processing Updated October 31, 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). In FY2024, encounters decreased to 2.1 million. The majority (1.5 million) were apprehensions along the border between ports of entry (POEs) by CBP's U.S. Border Patrol (USBP). In response to high levels of encounters, President Biden signed a proclamation that suspended and limited the entry of certain migrants at the Southwest border, effective June 5, 2024. DHS and the Department of Justice (DOJ) issued ajoint interim final rule (IFR) that restricted asylum eligibility for migrants subject to the proclamation's suspension of entry, effective the same day. On September 27, the President updated the proclamation and DHS and DOJ issued a final rule amending the IFR, effective October 1, 2024. 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. Under expedited removal (ER), DHS may remove individuals, typically recently arrived aliens apprehended by CBP at or near a U.S. border, 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 asylum may undergo a credible Congressional Research Service https://crsreports.congress.gov IN12417 CRS INSIGHT Prepared for Members and Committees of Congress

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