About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 2, 2024)

handle is hein.crs/goverme0001 and id is 1 raw text is: The Impact of the Securing the Border Rule on Migrant Encounters and Processing Updated December 2, 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) (Securing the Border) restricting asylum eligibility for migrants subject to the proclamation's suspension of entry, effective the same day. In September, 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 brmal 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. 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 (3.6 million cases at the end of FY2024) has been exacerbated by migrant encounters at the Southwest border resulting in NTA filings. With 735 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 fear screening to determine whether they may qualify for asylum or other protection. Typically, those who meet the threshold for a credible fear of persecution or torture are referred for formal removal proceedings. Migrants processed for ER are generally held in DHS custody. Congressional Research Service https://crsreports.congress.gov IN12417 CRS INSIGHT Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most