Why This Law Matters
The U.S. immigration landscape has undergone significant changes aimed at promoting lawful pathways for asylum seekers. Recently, the Homeland Security Department and the Executive Office for Immigration Review, working under the Biden-Harris Administration, introduced a final rule to address the surge in migration with the expiration of the Title 42 public health order.
The main goal of this new rule is to encourage migrants to use lawful, safe, and orderly processes to enter the United States, creating a more structured immigration system. Here's what you need to know about the new rule on the Circumvention of Lawful Pathways.
Key Points of the New Rule
Under this new rule, noncitizens crossing the southwest land or adjacent coastal borders without proper authorization are presumed ineligible for asylum. This presumption applies unless they meet specific exceptions or travel through an existing lawful process.
Notable exceptions to this rule include:
- Parole for Humanitarian Reasons: Noncitizens can seek parole for urgent humanitarian reasons or significant public benefit.
- CBP One App: Migrants can use the CBP One mobile app to schedule their entry.
- Denied Asylum in Third Country: Those denied asylum in a third country can still apply under certain conditions.
There are also ways to rebut the presumption of ineligibility. Exceptions include facing an acute medical emergency, imminent life threats, or being victims of severe trafficking. Unaccompanied minors are entirely exempt from this presumption.
What Happens if You Fail to Rebut?
Failure to rebut the presumption can result in prompt removal and a five-year ban on re-entry. Those removed will also be ineligible for certain parole processes, further complicating future attempts at lawful entry.
Legal Processes and Consequences
Noncitizens who attempt unauthorized entry may face expedited removal unless they can establish a legal basis to remain. If an asylum officer finds the noncitizen has either rebutted the presumption or qualifies for an exception, they will follow existing procedures for asylum and protection screenings.
Changes to Previous Policies
It's important to note that this rule rescinds the Trump-era transit and entry bans, which imposed categorical bars on asylum eligibility. The new rule is designed to be temporary, applying for 24 months following its effective date.
Next Steps
Understanding the complexities of this new rule can be overwhelming. That's why Zenith Law Firm is here to guide you through every step of the immigration process. Our expert team can help you understand your eligibility, assist in rebutting presumptions, and ensure you utilize all available legal pathways effectively.
Do you need help navigating these changes? Contact Zenith Law Firm at (240) 652-2557 today! Our team is ready to assist!