Just after that date, with Mexico’s assent, CBP began expelling citizens of Cuba, Haiti, and Nicaragua back across the land border into Mexico, without affording them a chance to ask for U.S. The Department of Homeland Security (DHS) portrayed the drop in migration as the result of a decision, announced on January 5, to apply the Title 42 pandemic expulsions policy more broadly. The January figure of 156,274 migrant encounters, 128,410 of them by Border Patrol, was the fewest measured since February 2021, Joe Biden’s first full month in office. On February 10 CBP announced a striking 40 percent drop, compared to December, in the number of undocumented migrants the agency encountered at the U.S.-Mexico border. Migration declined in January because the ability to seek asylum at the border declined labor market, and today’s record worldwide human mobility demand expanded legal pathways, including higher refugee admissions, temporary protection, and seasonal labor migration mechanisms, while preserving the right to seek asylum at the U.S. Truncating the right to seek asylum, though, is not a solution. There must be a better way for migrants to seek protection than being forced to brave treacherous routes, dominated by organized crime and corrupt officials, in order to set foot on U.S. These initiatives offer some important relief, but suffer from serious design and operational flaws that the administration must address. A CBP smartphone app creates a process for a too-limited number of “most vulnerable” migrants to apply for exemptions to Title 42 while they are in northern Mexico. A “humanitarian parole” program allows a few countries’ migrants to gain a temporary documented status in the United States, enabling them to apply online and travel by air. Other Biden administration initiatives point towards expanded alternative legal pathways for some migrants. Ongoing negotiations with Mexico may enable thousands of removals of non-Mexican citizens across the land border. Customs and Border Protection (CBP), without meaningful access to counsel. Aggressive use of “expedited removal” could force asylum seekers to defend their cases within a few days, from the austere custody of U.S. A “transit ban” may deny asylum to people who passed through a third country en route and did not first seek it there. The Biden administration is signaling what new, post-Title 42 limits to asylum might look like. It is looking less likely, though, that Title 42’s end might mean a restoration of the right to seek asylum at the border. Title 42, however, may end in May along with the U.S. asylum system, the Biden administration, at times following federal court mandates, has kept in place the most severe restriction: the March 2020 “Title 42” pandemic expulsion order. Despite promising to restore and strengthen the U.S. The Trump administration severely curtailed the legal right to seek asylum at the U.S.-Mexico border.
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