How will Joe Biden’s decision to restrict asylum applications in the United States affect Colombians?

It is also worth mentioning that according to official figures from the Customs and Border Protection (CBP), so far this year alone, more than 1,500,000 people on the southern border of the United States. Of that total, some 11,022 Colombians were detained in the month of April alonewhich translates to about 367 arrests of compatriots on average during the 30 days of that month.

Furthermore, more than 2.4 million migrants crossed the southern border of the United States in 2023 alone. Most of them come from Central America and Venezuela fleeing poverty, violence and natural disasters intensified by climate change.

These data reflect that there will be hundreds of people who will be impacted by the new provisions. Therefore, in the following five keys we explain how this new measure will work, what the application will now be like for those who want to seek asylum on US soil and what effects and future this measure may have.

In a statement published on the official website of the White Housethe Biden administration explains that, given the high number of crossings that have been occurring in recent months at the country’s borders, President Biden’s new provision seeks to “prevent migrants who cross the southern border illegally from receiving asylum.”

“These actions will be in effect when the high levels of encounters on the Southern Border exceed our ability to generate timely consequences,” the Presidency document says.

As mentioned, the border will be closed when the arrest numbers exceed on average 2,500 daily for seven days. During this period, asylum applications will be widely restricted and will only be applied for specific cases. The protocols will be relaxed again once that number decreases to 1,500 on average over 14 days.

Although in practice the measure is temporary, it is a difficult figure to achieve, since the last time the average number of arrests reached 1,500 was in July 2020, in the middle of the pandemic and when border and mobility protocols throughout the world was largely restricted.

According to the officials, those who arrive at the border once it is crossed threshold of 2,500 will be subject to “a significantly higher standard” to qualify for asylum.

However, if migrants are unable to demonstrate that they qualify for asylum under this higher standard, They will be deported in a matter of “hours” or “days.”

In that case, the situation will vary depending on your nationality. Those who are Mexicans or nationals of Cuba, Haiti, Nicaragua and Venezuela will be returned directly to Mexico under prior US agreements with Mexican authorities.

For some American NGOs the measure “violates international law” while for certain sectors of the Democratic Party, to which Biden belongs, the country’s democratic values ​​are being “undermined.”

Meyer mentions that this measure impacts anyone who wants to seek protection in the United States, whether from Colombia, Venezuela or China. “The measure violates international law and US law. Both indicate that anyone who enters the country, regardless of how they did so, has the right to seek protection,” explains Meyer.

In that sense, Meyer anticipates that this measure will very possibly be “dismissed” or reversed by some court in the country..

“This is going to cause a large number of people to wait in Mexico to try to get an appointment. This involves many risks, because there is a shortage of housing and safe places for migrants,” she adds.

This will also make the migrant population are more vulnerable to coyotes and human trafficking.

“By reviving Trump’s asylum ban, President Biden has undermined American values ​​and abandoned our nation’s obligations to provide people fleeing persecution, violence, and authoritarianism the opportunity to seek refuge in the United States.” said Senator Alex Padilla, Democrat of California.

The rule allows exceptions: unaccompanied travelers traveling north are not subject to the restrictions, as are victims of human trafficking, those facing an acute medical emergency or an extreme threat to their life and safety.

Additionally, asylum cases will continue to be processed for people who have requested an appointment through the CBP One cell phone application, which offers approximately 1,450 daily appointments to request asylum.

Biden tries to change his immigration policy after opinion polls reveal that this issue will have a lot of weight to achieve re-election in his revenge against the magnate and former Republican president Donald Trump (2017-2021).

Trump’s campaign team dismissed this initiative in a statement, considering that it is not designed “for border security,” and repeated the Republican’s message that constantly insists that irregular immigrants are responsible for the increase in violent crimes in the United States. , accusation without basis in official data.

Biden aims to defuse Republican attacks and court undecided voters concerned about the immigration situation at the border.

But his plan is sure to anger members and activists of the left wing of the Democratic
Party and will almost certainly be challenged in court by civil rights groups.