President Joe Biden signed a proclamation to turn away migrants seeking asylum who cross the U.S.-Mexico border illegally between ports of entry at times when there is a high volume of daily encounters. The proclamation will be in effect when the seven-day average of daily border crossings exceeds 2,500 between ports of entry. The impact of the 2,500 figure means the new proclamation could go into immediate effect because daily figures are higher than that now.
Once the proclamation kicks in, U.S. border officials will stop implementing credible fear interviews for asylum claims and work to quickly expel foreign nationals who have crossed the border between ports of entry. Migrants who are expelled under the proclamation will receive a minimum five-year bar on reentry to the United States and potentially be criminally prosecuted. Under the proclamation, Mexico will receive nationals of Cuba, Haiti, Nicaragua, and Venezuela, as well as its own nationals, in expedited deportations. The Biden Administration also said it will enhance its capabilities to return nationals of other countries, including extracontinental migrants from places such as China. The proclamation includes exceptions to ensure that the asylum restrictions do not apply to unaccompanied minors and to allow border officials to conduct credible interviews with migrants who manifest a fear of returning to their country because of persecution or potential torture situations.