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1 1 (November 15, 2019)

handle is hein.crs/govbbss0001 and id is 1 raw text is: - .......... 10 gm 0 ILI November 15, 2019 Processing Aliens at the U.S.-Mexico Border: Recent Policy Changes Since FY2017, a growing share of non-U.S. nationals (aliens) arriving at the U.S.-Mexico border request asylum, some at official U.S. ports of entry and others after entering the country without inspection (i.e., illegally) between ports of entry. Under § 208 of the Immigration and Nationality Act (INA), arriving aliens and recent entrants may qualify for asylum, a lawful immigration status, if they have suffered persecution in their country of origin or have a well-founded fear of suffering such persecution upon returning to that country based on enumerated statutory grounds (race, religion, nationality, membership in a particular social group, or political opinion). In FY2019, most of these aliens were nationals of countries other than Mexico, and a majority consisted of either unaccompanied alien children or family units with minors. The Trump Administration is pursuing several policies that change how these aliens are processed when they arrive without valid entry documents. First, under a practice known as metering, aliens may be required to wait in Mexico until there is capacity to process them at a port of entry. Second, the Migrant Protection Protocols (MPP) require some aliens to return to Mexico pending formal removal proceedings. Third, under the third-country transit bar, aliens arriving at the southern border are ineligible for asylum if they traveled through another country without first seeking protection in that country. Although these policies are subject to legal challenge, reviewing courts have so far permitted their implementation. Bcgpround Aliens apprehended by immigration authorities when attempting to unlawfully enter the United States are typically placed in a streamlined, expedited removal process under INA § 235(b). Under the statute, an alien subject to expedited removal will be removed from the United States without further hearing or review. However, further administrative review occurs if an alien in expedited removal conveys the intent to seek asylum or otherwise claims a fear of persecution if removed. If, following an interview, the alien shows a credible fear of persecution-meaning a significant possibility that the alien could establish eligibility for asylum or related relief-the alien will be placed in formal removal proceedings under INA § 240 in lieu of expedited removal. In addition to having the ability to pursue asylum and related protections, an alien placed in formal removal proceedings under INA § 240 has several procedural rights to which aliens in expedited removal are not entitled. These include the right to seek counsel at his or her own expense in proceedings before an immigration judge (IJ), and the ability to seek administrative and, possibly, judicial review of an adverse removal decision. Meteri ng According to DHS's Office of Inspector General, since 2016, DHS's U.S. Customs and Border Protection (CBP)- the agency primarily responsible for deterring unauthorized migration along the border-has limited the number of aliens who may be processed each day at certain ports of entry along the U.S.-Mexico border. Under CBP's metering practice, immigration officers positioned at the international boundary line direct arriving aliens lacking documents (who may be asylum seekers) to return at a later date if CBP determines that there is insufficient space and resources at the U.S. port of entry. A report published by the Strauss Center at the University of Texas at Austin estimates that, as of November 2019, there are approximately 21,000 aliens on wait lists in 11 Mexican cities, a 21% decrease since August. The wait period to present claims at a U.S. port of entry can be weeks or months. A pending lawsuit in Al Otro Lado v. McAleenan challenges the legality of metering by CBP. The plaintiffs argue that the practice violates the INA's inspection and processing requirements, the constitutional due process rights of arriving aliens, and international law principles. The plaintiffs have also requested a preliminary injunction that would bar metering pending the outcome of the case. A federal district court has allowed the lawsuit to move forward, despite the Department of Justice's (DOJ's) claim that some plaintiffs could not legally challenge metering because they were outside the United States when turned away. MPP In December 2018, DHS announced the MPP, which allows CBP to require many aliens who arrive at the southern border to wait in Mexico while U.S. immigration courts process their cases. Unlike metering, the MPP applies to aliens who have already been inspected by U.S. immigration authorities and placed in removal proceedings. The MPP applies to aliens who arrive at the border without valid entry documents, whether or not at ports of entry. Although such aliens would normally be subject to expedited removal, under the MPP, those aliens are returned to Mexico pending formal removal proceedings. During these proceedings, they may pursue asylum and related protections. The MPP does not apply to some categories of aliens, including unaccompanied minors, Mexican nationals, and aliens who demonstrate that it is more likely than not that