Recent Developments in U.S. Asylum Law: Navigating the Changing Landscape

Asylum law has long been a critical refuge for individuals fleeing persecution, seeking safety in the United States. However, recent changes under the Biden administration have imposed new restrictions that reshape the way asylum seekers approach their journey to the U.S., particularly for those entering through the southern border. For many, this shifting legal landscape adds new layers of complexity and risk, making it more important than ever to stay informed and seek professional legal guidance.

This article provides a basic overview of asylum law, recent developments in the regulations governing asylum applications, and practical advice for those seeking protection, especially for those attempting to enter the U.S. from Mexico.

Overview of U.S. Asylum Law

Under U.S. law, individuals have the right to seek asylum if they have experienced persecution or fear persecution in their home country based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The asylum process allows individuals to apply for protection after arriving in the U.S. or at a port of entry.

There are two primary types of asylum applications:

- Affirmative Asylum: For those who are not yet in removal proceedings, asylum seekers may file an application with the United States Citizenship and Immigration Services (USCIS). The process involves interviews and evaluations by asylum officers.

- Defensive Asylum: Individuals already facing removal (deportation) proceedings can apply for asylum defensively through immigration court as a form of relief to remain in the U.S.

The asylum process, while intended to provide a lifeline to those in need, has always involved rigorous screening, documentation, and legal proceedings. Asylum seekers often face months or years of waiting, which can be exacerbated by changes in policy and enforcement practices.

Recent Changes in Asylum Law Under the Biden Administration

In recent months, the Biden administration has made significant changes to U.S. asylum law, resulting in what advocates describe as new restrictions that further limit access to protection, particularly at the U.S.-Mexico border. According to the American Immigration Lawyers Association (AILA), these policies can have detrimental effects on those seeking asylum by creating additional barriers to entry and protection. One of the key changes involves the implementation of the “transit ban,” which denies asylum to most individuals who travel through another country (like Mexico) on their way to the U.S. unless they first sought and were denied asylum in that transit country. This policy, a continuation of practices from prior administrations, has been criticized for closing the door on individuals fleeing serious danger and persecution.

Additionally, the administration has introduced processes requiring asylum seekers to schedule appointments through the CBP One app before presenting themselves at a port of entry. While the CBP One app was designed to streamline the process, critics argue that it creates unnecessary delays and can be difficult for migrants to use due to limited access to technology, unreliable internet, and language barriers. These changes come at a time when asylum seekers at the southern border, particularly those traveling through Mexico, face unprecedented challenges. Migrants must now carefully navigate these legal obstacles, and failure to comply with the new policies could result in being turned away or deported without the opportunity to present their case.

The Role of the CBP One App in the Asylum Process

For migrants seeking asylum at the U.S.-Mexico border, the CBP One app has become a crucial tool for gaining entry. The app allows asylum seekers to schedule interviews at designated ports of entry, providing a mechanism for legal admission. This requirement is a significant shift from previous policies, which allowed individuals to present themselves at the border without an appointment.

While the app is intended to create a more orderly process, there are challenges:

- Technological Barriers: Not all migrants have access to smartphones or reliable internet, making it difficult for them to use the app. Additionally, the app itself may not be available in languages spoken by all asylum seekers, further complicating the process.

- Limited Appointments: Appointments for interviews can be difficult to secure due to high demand. This creates long waiting periods, which can be dangerous for those already vulnerable to exploitation, violence, and health risks while waiting in Mexico.

- Legal Admission Process: Despite these hurdles, it is crucial for migrants to adhere to the new process by securing a legal admission through the app. Entering the U.S. without this step could lead to denial of entry or worse, deportation without the ability to file for asylum.

Safety and Support for Asylum Seekers in Transit

The journey through Mexico to the U.S. is fraught with risks, including violence, kidnapping, and exploitation. Migrants are often targeted by organized crime or face abuses by local authorities. In light of these dangers, it is essential that asylum seekers are connected with safe and reliable resources as they travel.

Humanitarian organizations and legal aid groups provide vital support, including shelter, food, and legal guidance. It is important that migrants seeking asylum make contact with these organizations to ensure they have accurate information and support as they navigate the journey to the U.S. This also helps them avoid predatory practices or misinformation that could jeopardize their chances of securing asylum.

Conclusion

As U.S. asylum law continues to evolve under the Biden administration, migrants at the southern border face new and significant hurdles. The CBP One app is now a key component of the asylum process, and failing to follow the new legal requirements can have severe consequences. For those seeking asylum, the importance of understanding the process, staying connected to trusted resources, and obtaining legal representation cannot be overstated. As a community, it is our responsibility to ensure that those fleeing persecution and seeking safety have access to the information and support they need for a fair chance at protection under U.S. law.