As millions flee persecution worldwide, applying for asylum in the United States remains a critical pathway to safety. Asylum provides protection for individuals who have suffered or fear persecution due to their race, religion, nationality, membership in a particular social group, or political opinion.

Those already present in the U.S. must file their asylum application within one year of arrival. If this deadline has passed, consulting an immigration attorney immediately is crucial to determine possible exemptions.

Can You Apply for Asylum at the U.S.-Mexico Border?

Recent policy changes have significantly complicated the asylum process at the southern border, introducing stricter regulations and enhanced enforcement. However, the legal right to seek asylum remains intact. Notably, the CBP One application is no longer operational for scheduling asylum appointments at ports of entry, and all existing appointments have been canceled.

Individuals who previously used CBP One to enter the U.S. may face shorter authorized stay periods. Many have received Department of Homeland Security (DHS) notices requiring departure. Recipients of such notices should consult an attorney promptly, as they may still qualify for asylum or alternative protections.

2023 Policy Updates

Crossing at unauthorized points now carries severe consequences: violators face $5,000 fines, though paying doesn't preclude asylum applications. Those entering without proper documentation risk immediate deportation without the opportunity to seek protection.

Even at official ports of entry, asylum seekers often face turnbacks without being asked about protection needs. Those fearing return to their home countries must clearly state: "I am afraid to return to my country." This explicit declaration is essential for officials to properly consider the request.

Understanding Expedited Removal

Beware of requests to sign departure documents, particularly "voluntary return" forms. Signing triggers immediate deportation without judicial review. Many vulnerable individuals, including unaccompanied minors, sign these documents without understanding the consequences or adequate language support. Always consult an attorney before signing any immigration documents.

Return of the "Remain in Mexico" Policy

The Migrant Protection Protocols (MPP) have been reinstated, requiring many asylum seekers to wait in Mexico during their U.S. court proceedings. Exceptions exist for certain vulnerable populations and those with legal representation.

Enhanced Border Security Measures

The U.S. has declared a national emergency at the southern border, deploying additional patrol agents, military personnel, physical barriers, and surveillance technologies including drones to reinforce border security.

Given the complexity of these evolving policies, individuals with questions about asylum should seek guidance from qualified immigration attorneys who can provide personalized advice and help navigate this challenging legal landscape.