The U.S. will finalize by May 11 a new regulation that will deny asylum to many migrants caught crossing the U.S.-Mexico border illegally, the same day sweeping COVID-19 restrictions at the border are set to end, Homeland Security Secretary Alejandro Mayorkas said on Friday.
Under the new regulation, migrants will be presumed ineligible for asylum if they passed through another country en route to the U.S. without seeking protection or if they failed to use other legal pathways to the United States.
The measure is a key part of U.S. President Joe Biden’s plan to address an expected rise in illegal immigration when COVID restrictions known as Title 42 end next week, along with the broader pandemic public health emergency.
The administration is encouraging migrants to use legal pathways to enter the country or face new, sped-up deportation processes that will come with the implementation of the asylum rule.
Title 42 was first implemented in March 2020 at the beginning of the pandemic to stem the spread of the coronavirus in crowded detention settings. It allows border agents to rapidly expel many migrants to Mexico.
Its repeal is expected to lead to a rise in border arrivals as a result of pent-up demand and the perception among migrants that they will be allowed in.
The anticipated increase in border crossings will be “extremely challenging,” Mayorkas said during a press conference in Brownsville, Texas.
“The situation at the border is a very serious one, a very challenging one and a very difficult one,” Mayorkas said.
The Mexican government will step up border security in southern Mexico as part of an agreement reached this week, Mayorkas said. Mexico’s Defense Ministry said it did not have information on the matter.
Migrant arrests at the U.S.-Mexico border have risen in recent weeks, which Mayorkas attributed to a spike in Venezuelan crossers, the reason for which he said was unclear. On Thursday, 4,000 of about 6,000 migrants in Border Patrol custody in Texas’ Rio Grande Valley were Venezuelan.
Mayorkas noted that Mexico agreed this week to continue taking back Venezuelans who enter the U.S. illegally after asylum restrictions end Thursday, along with Cubans, Haitians and Nicaraguans. Migrants have been expelled from the U.S. more than 2.8 million times since March 2020 under what is known as Title 42 authority.
Illegal crossings tumbled after President Joe Biden announced asylum restrictions in January, but they have risen since mid-April. Brandon Judd, president of the National Border Patrol Council, said this week they have been hovering around 7,200 daily, up from about 5,200 in March.
Border Patrol Chief Raul Ortiz said 1,500 active-duty troops will be dispatched to El Paso, Texas, adding to 2,500 National Guard troops already positioned across the border. Ortiz said El Paso was chosen because it has been a busy corridor for illegal crossings over the last six months. The troop deployment was announced this week but not the location.
Also ahead of Title 42’s end, the Biden administration is expanding access to CBP One, an app that allows migrants to schedule an appointment to approach a border port of entry.
Beginning May 12, roughly 1,000 appointments will be available each day, according to U.S. Customs and Border Protection (CBP). Demand has far outweighed available slots.
Mayorkas, on his second day of a visit to the Rio Grande Valley, said smugglers were deceiving migrants and luring them on a dangerous journey. “The border is not open, it has not been open, and it will not be open subsequent to May 11,” he said.
Mexican Foreign Affairs Secretary Marcelo Ebrard echoed Mayorkas’ sentiment about smugglers spreading misinformation.
“We’re seeing a very significant flow (of migrants) in recent days on the basis of a hoax,” Ebrard said at a news conference. He said smugglers are saying, “’Hurry up to get to the United States by crossing Mexico because on May 11 they’re going to end Title 42.”’
“It’s a trick and they’re at risk,” Ebrard said.
“A lot of people won’t let themselves be tricked,” the president said.
Mayorkas touted new legal pathways, which include parole for up to 30,000 Cubans, Haitians, Nicaraguans and Venezuelans a month who apply online with a financial sponsor. But he said the Biden administration could only do so much without Congress.
“We have a plan, we are executing on that plan,” Mayorkas said. “Fundamentally, however, we are working within a broken immigration system that for decades has been in dire need of reform.”
—With additional files from the Associated Press