Biden Administration Makes Expected Move to End “Remain in Mexico” Policy

 Posted on September 07, 2022 in Immigration

Just two months after the Supreme Court authorized the Executive Branch’s authority to do so, the Biden administration made an announcement early last month that it would be ending an immigration policy that required individuals from Central and South America seeking asylum in the United States to stay in Mexico while their cases waited for a chance to be heard in court.

Moving forward, no further applicants will be enrolled in the so-called “Remain in Mexico” program and applicants will no longer have to go back to Mexico in between hearings. Officials stated that the policy imposes “unjustifiable” costs to both human rights, as well as limited border security resources.

What is the Policy for U.S. Asylum Seekers Now?

People seeking asylum in the United States come after being persecuted because of their political opinions, religious beliefs, race, nationality, or membership in social groups. Asylum seekers face real harm, including extrajudicial torture and killings in many high-risk areas. The United States recognizes that people sometimes need protection and offers that protection to legitimate victims of persecution or potential persecution.

However, asylum seekers face enormous challenges that are both practical and legal. To begin with, asylum applicants must be in the U.S. or present at the U.S. border. Because of the recent change in policy, eligible asylum seekers are now allowed to stay in the United States while their cases are pending. Spouses and children under 21 years old may be part of the asylum application as well. An asylum application must be entered within one year of arriving in the United States, and there are three types of asylum that a person may apply for:

• Expedited asylum - Someone who comes into the U.S. and is taken into custody within 14 days is placed into expedited removal proceedings, allowing them to apply for expedited asylum. People who come to the U.S. at a southern border entry point generally apply for expedited asylum.
• Defensive asylum - Someone who is already in removal proceedings can apply for defensive asylum (as a “defense” against removal from the U.S.).
• Affirmative asylum - For someone who is not already in removal proceedings, affirmative asylum offers the chance to apply for asylum within a year of their arrival to the U.S. If asylum is denied, that person may be placed in removal proceedings. If someone waits more than a year after entering the United States, they are generally not permitted to receive asylum.

Meet with an Experienced Illinois Immigration Lawyer

Issues involving asylum, visas, and deportation can affect your life forever. If you or a loved one need help to apply for or to manage an asylum case, contact the team of Illinois immigration attorneys with Mevorah & Giglio Law Offices. We will advocate tirelessly to protect your rights and help your family stay together. Call our office at 630-932-9100 to schedule a free, confidential consultation.