On September 30, 2024, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued a final rule limiting eligibility for asylum for those entering during periods of high illegal crossings at the southern border. This follows a proclamation from June by the current administration, which temporarily restricted the entry of non-citizens at the southern border when the number of migrants attempting to enter without legal cause exceeded 2,500 within a week. According to this measure, the border would remain closed until the daily average of irregular crossings dropped to 1,500.
Despite this proclamation, official figures indicate that the daily number of crossings never fell below 1,500 after June. In theory, the border was closed, but thousands of people underwent credible fear interviews to justify their asylum cases. The federal government, through DHS, reported that from June 5 to August 31 of this year, 70% of single adults and family units encountered by U.S. Border Patrol (USBP) were deported.
Under this new joint final rule, the southern border will only reopen if arrests remain below 1,500 per day for 28 consecutive days. Unlike the June proclamation, this rule will now count all children in the daily figure, including those from Mexico.
Border security and immigration remain critical issues for the Biden administration and Vice President Kamala Harris, the Democratic presidential candidate. While these challenges remain unsolved, DHS has called on Congress to take further action. This tightening of immigration policy at the southern border seems to reflect electoral interests rather than a genuine commitment to resolving a problem that affects national security.
Victor De la Flor es abogado de inmigración, negocios y bienes raíces con licencia en los estados de Texas, Florida y Nueva York así como en Perú. Cuenta con casi 20 años de experiencia profesional en derecho.
«Victor De la Flor is an attorney specializing in immigration, business, and real estate law, licensed in Texas, Florida, New York, and Peru. He has nearly 20 years of professional legal experience.»
