For those fleeing persecution, the journey to seek asylum in the United States has become an increasingly dangerous and complex odyssey. Under U.S. law, asylum offers protection to individuals who have suffered persecution or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion. However, navigating the legal and logistical hurdles at the border presents formidable challenges.
Critical Deadlines and Recent Policy Changes
Asylum seekers who have already entered the United States must file their application within one year of arrival. Those who have exceeded this deadline should consult immediately with an immigration attorney to determine if they qualify for exceptions to this rule.
Recent executive orders have significantly complicated the process of crossing the U.S.-Mexico border, with stricter asylum rules and enhanced enforcement measures. While the right to seek asylum remains intact, the practical barriers have multiplied.
The Demise of CBP One and Its Consequences
The CBP One mobile application, previously used to schedule appointments at ports of entry for asylum processing, has been discontinued. This abrupt termination has resulted in canceled appointments and left many in legal limbo. Individuals who previously entered through this program now face early termination of their parole status, with many receiving notices from the Department of Homeland Security (DHS) requiring them to leave the country. Those affected should seek immediate legal counsel, as options for asylum or other relief may still be available.
Heightened Enforcement at the Border
The current border environment presents multiple risks:
- Adults and children may face $5,000 fines when presenting at ports of entry, even when seeking asylum
- Unauthorized crossings may result in immediate expulsion without the opportunity to apply for protection
- Officials may deny entry even at designated ports of entry
When interacting with border officials, asylum seekers must clearly articulate their fear of returning to their home country by stating: "I am afraid to return to my country." This declaration is crucial for establishing an asylum claim.
Legal Pitfalls and the "Remain in Mexico" Policy
Border officials often present documents for signature, including "voluntary departure" forms. Signing such documents without full comprehension can result in immediate deportation and forfeiture of legal rights. Many individuals, including unaccompanied minors, receive inadequate explanations or translation services.
The reinstated "Remain in Mexico" policy (officially known as the Migrant Protection Protocols or MPP) requires most asylum seekers at the southern border to wait in Mexico while their cases are adjudicated. This policy does not apply to clients of certain legal service providers like the Immigrant Defenders Law Center.
Navigating the Legal Process
The U.S. government has declared a national emergency at the southern border, leading to increased:
- Arrests and use of force
- Military deployment
- Border wall construction
- Surveillance through drones and other technologies
Given these developments, securing legal representation is more critical than ever. Studies show that asylum seekers with legal representation have significantly higher success rates. Attorneys can assist with application preparation, interview coaching, and court representation.
While many nonprofit organizations and shelters have reduced services due to funding constraints and policy changes, some resources remain available in border states including Arizona, California, New Mexico, and Texas. Those seeking asylum should explore all available options for legal support, including pro bono services and low-cost legal clinics.