What Should I Know About the New Action to Secure the Border?

The Biden-Harris Administration has continually taken action toward securing our country’s border. But the most recent action may significantly change our immigration system as we know it. Follow along to find out what this new action entails and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you better understand how this may affect you.

What should I know about the Biden-Harris Administration’s new actions to secure the border?

On June 4, 2024, President Joe Biden announced an executive action set to bar migrants, who cross over the southern border unlawfully, from receiving asylum in our country. Of note, this action was issued under Immigration and Nationality Act sections 212(f) and 215(a). It is accompanied by an interim final rule from the Departments of Justice and Homeland Security, which also bars asylum from these specific migrants.

Generally speaking, this action is supposed to be in effect whenever the encounters at the southern border are at such a high level that they exceed immigration officers’ capability to act productively. Essentially, this is all in an effort to relieve some of the burden carried by immigration officers on a daily basis.

On top of all this, this action may significantly increase the consequences for those who cross over the southern border unlawfully. Specifically, these individuals may find themselves subject to at least a five-year bar to reentry, along with the possibility of criminal prosecution.

What else does this executive action entail?

It must be emphasized that this action is not permanent. Rather, it may be discontinued when the level of migrants who cross over the southern border is low enough that the immigration officers can safely and effectively manage it on their own. What’s more, this action acknowledges humanitarian exceptions, such as children who cross over without being accompanied by an adult. Or, individuals who cross over who have previously been victims of severe forms of trafficking. Also excepted are lawful permanent residents or other noncitizens of the United States with a valid visa or other lawful permission to enter the country.

Moreover, this action may entail raising the standard used to screen for the protections mentioned above. That is, while this action is in effect, these individuals may only be referred for a credible fear screening with an asylum officer if they explicitly express a fear of returning to their home country (i.e., a fear of persecution or torture). In other words, those who articulate an intention to apply for asylum in the United States.

As you may have already concluded yourself, this is an impactful proclamation that may likely impact you and your family. This is to say that there may be no better time than now to seek legal counsel. So please pick up the phone and call a talented family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We look forward to hearing from you.

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