US admin proposes rule to incentivise lawful migration processes

Migrants attempting to cross the Rio Bravo river on the border between Mexico and the United States, from Ciudad Juarez, Mexico. (Photo by David Peinado/Xinhua)

Washington, (Samajweekly) The US’s Department of Homeland Security (DHS) and the Department of Justice (DOJ) have jointly issued a proposed rule to incentivise the use of new and existing lawful processes and disincentivise dangerous border crossings, by placing a new condition on asylum eligibility for those who fail to do so.

“These steps are being taken in response to the unprecedented western hemispheric migration challenges — the greatest displacement of people since World War II — and the absence of congressional action to update a very broken, outdated immigration system,” the Departments said in a joint statement on Tuesday.

Under the plan, migrants would have to use a phone app to make an appointment to speak with a US immigration official when they arrive at the border.

Those who failed to make the appointment would be presumed to have been found ineligible for asylum in the other countries they passed through.

The proposal allows for those undocumented migrants to be swiftly deported.

If approved, it would be enacted on May 11, when Title 42 — a Trump-era health emergency provision allowing migrants to be expelled back to Mexico — is due to expire.

“We are a nation of immigrants, and we are a nation of laws. We are strengthening the availability of legal, orderly pathways for migrants to come to the US, at the same time proposing new consequences on those who fail to use processes made available to them by the US and its regional partners,” Secretary of Homeland Security Alejandro Mayorkas was quoted as saying in the statement.

“The DOJ is responsible for administering the nation’s immigration courts and ensuring that claims are adjudicated expeditiously, fairly, and consistent with due process,” said Attorney General Merrick B. Garland.

“This proposed rule will establish temporary rules concerning asylum eligibility in those proceedings when the Title 42 order is lifted. We look forward to reviewing the public’s comments on this proposed rule.”

The public has 30 days to comment on the draft proposal.

About 200,000 undocumented migrants attempt to enter the US each month, recent government records show.

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