U.S. administration issued a new proposed rule which temporarily introduces a rebuttable presumption of asylum ineligibility for certain noncitizens. The administration said the rule would deter migrants from relying on human smuggling networks, protect against overcrowding in facilities, and ensure that processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner.
The administration said the proposed rule was being issued in advance of the expected termination of the CDC’s Title 42 public health order related to the COVID-19 pandemic and a consequent potential surge of migration into the United States through the country’s southwest border. The CDC is expected to terminate its public health order on May 11, 2023, and the administration anticipates returning at that time to processing all noncitizens under Title 8 immigration authorities once Title 42 is terminated.
The proposed rule’s executive summary notes that encounters with noncitizens attempting to cross the southwest border into the United States without authorization have reached an all-time high. This, in part, is speculated to be caused by an unprecedented number of migrants arriving from countries such as Colombia, Cuba, Ecuador, Nicaragua, Peru, and Venezuela.
This robust number, according to the Administration, averages approximately 8,500 migrants per day. The Administration claims the new regulation is a temporary measure and was done out of necessity due to these high numbers.
The newly proposed ruling is controversial, with advocates and lawyers objecting to a proposed transit ban, which they claim to be a violation of U.S. Asylum law. Many claim that it is unfair to expect asylum applicants who rarely have legal assistance to be able to rebut the presumptive bar set by this new rule and qualify for asylum protection. It is also argued that the countries these migrants are fleeing from are often unsafe and violates the rights of migrants under U.S. law to seek protection from persecution, regardless of how they enter the United States. The Administration claims asylum will still be available under this regulation, but the rebuttable presumptions they propose may not provide sufficient opportunity for people in dire need to apply.
Are you or a loved one affected by the new proposed ruling? It is more important now than ever to have adequate representation. Contact Roberson Law today for a consultation.
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