.DHSgov and DOJ finalized a new regulation to discourage illegal border crossings ahead of the lifting of Title 42. The new rule presumes that anyone who illegally enters the country is ineligible for asylum and allows the US to deport them.
The new rule presumes that anyone who illegally enters the country is ineligible for asylum and allows the United States to deport them unless they are able to “establish a reasonable fear of persecution or torture in the country of removal,” DHS said in a statement. Border crossers can only rebut this presumption under “exceptionally compelling circumstances.
“This Administration has led the largest expansion of legal pathways for protection in decades, and this regulation will encourage migrants to seek access to those pathways instead of arriving unlawfully in the grip of smugglers at the southern border,” Secretary of Homeland Security Alejandro Mayorkas said in a statement.
DHS is also surging resources to the border so it can handle the expected influx of migrants once Title 42 expires — specifically, 1,400 DHS personnel, 1,000 processing coordinators, and an additional 1,500 Department of Defense personnel, 500 of which have arrived at the border already. The active-duty service members at the border will not be responsible for processing migrants or any law enforcement duties; rather, they will be there to free up immigration officials to do that.Once Title 42 expires, DHS will process individuals encountered at the border without proper travel documents using its longstanding Title 8 authorities, which incur stiffer penalties for those who are removed from the country, including a five-year ban on legal entry.
Immigration authorities will, however, also allow these individuals"an opportunity to avoid that tougher consequence by voluntarily returning" to their home country, Mayorkas said in a Wednesday press conference.
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