THE Biden administration began implementing a sweeping policy shift at the US-Mexico border yesterday as a Covid-era order that had allowed the swift expulsion of many migrants expired and new asylum restrictions took effect amid confusion and uncertainty.
Several last-minute court actions added to questions about how President Joe Biden’s reworked border strategy will play out, with advocates filing a legal challenge to the new asylum regulation as it was enacted.
Facing concerns that the end of a 3-year-old order – known as Title 42 – could further strain US border facilities, cities and towns, US officials were keeping a close eye on the movements of migrants that had already reached record numbers in recent days.
“We continue to encounter high levels of non-citizens at the border, but we did not see a substantial increase overnight or an influx at midnight,” when Title 42 expired, US Department of Homeland Security (DHS) official Blas Nunez-Neto told reporters yesterday.
Seeking to discourage migrants from travelling to the border, the Mexican government said its national migration institute has ordered its offices not to issue immigration documents or other permits enabling travel within the country, creating another obstacle for migrants.
Confusion
Though a chaotic race to US border ports of entry on Thursday appeared to have given way to relative calm yesterday, there was a sense of confusion among some migrants.
At the US border fence dividing El Paso, Texas, from Mexico’s Ciudad Juarez, hundreds of migrants who had slept there overnight formed a single file line to be brought into the US by authorities and put on buses. Texas National Guard, state troopers and border agents patrolled the area.
Immigration advocates represented by the American Civil Liberties Union filed a legal challenge against the new asylum bars, claiming they violate US and international laws.
Advocates argue the new regulation, put in place by Biden’s Democratic administration to curb illegal crossings, resembles restrictions imposed by his Republican predecessor, Donald Trump, that they had successfully blocked in court.
US Homeland Security Secretary Alejandro Mayorkas defended the Biden regulation, saying it aims to encourage migrants to enter using legal pathways. “It’s going to be a tough transition,” he told MSNBC.
US asylum officers hurried to figure out the logistics of what would be required to apply the new asylum regulation.
Returns of some migrants to Mexico – Cubans, Haitians, Nicaraguans and Venezuelans - were due to begin yesterday under the new border provisions, a homeland security official said.