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              Congressional                                                    ____
         ~ *     esearch Service






The Biden Administration's Revised

Proclamation and Final Rule, Securing the

Border



November 6, 2024

On September 27, 2024, President Biden issued an updated proclamation to amend the June Proclamation
that temporarily suspends and limits the entry of certain migrants at the Southwest land border (SWB)
with no legal basis for admission during emergency border circumstances. The U.S. Department of
Homeland  Security (DHS) and the U.S. Department ofJustice (DOJ) issued a joint final rule, amending
the previous interim final rule (IFR), that restricts asylum eligibility for migrants subject to the
proclamation's suspension of entry. Both the amended proclamation and the final rule are effective
October 1, 2024.

Noting that the border security and immigration systems of the United States are unduly strained at this
time, the rule responds to the high levels of enforcement encounters at the SWB since 2021, especially
between land ports of entry (POEs) by U.S. Customs and Border Protection's (CBP's) U.S. Border Patrol
(USBP). In FY2023, CBP recorded 2,475,669 migrant encounters at the SWB, the highest number on
record, successively topping previous highs set in FY2021 (1,734,686) and FY2022 (2,378,944). There
were 2,135,005 total encounters in FY2024. These numbers include encounters of individuals crossing
into the United States unlawfully between POEs by USBP, as well as with those without valid documents
at POEs by CBP's Office of Field Operations (OFO). The majority of encounters at the SWB historically
have been by USBP. The number of encounters at POEs by OFO has increased due to the CBP One
mobile application, which allows prospective asylum seekers who are otherwise inadmissible to schedule
an appointment at a POE.

The June Proclamation and IFR cited the record high levels of enforcement encounters at the SWB,
indicating that DHS's current resources were insufficient for the number of (USBP) enforcement
encounters, and that DHS and DOJ were unable to predictably and swiftly deliver consequences to most
noncitizens who cross the border without a lawful basis to remain.
The original proclamation's suspension of entry has remained in effect since June 5, 2024. The amended
proclamation maintains that the suspension will not be lifted until the 7-consecutive-calendar-day average

                                                              Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                   IN12457

CRS INSIGHT
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