Border ban
Asylum-seeking immigrants, including Jamaicans, to face immediate rejection in south as US implements new policy
Published:Wednesday | June 5, 2024 | 12:13 AMKimone Francis/Senior Staff Reporter
Jamaicans who travel to the United States’ southern border in attempts to secure asylum in the North American country may face immediate rejection amid a new immigration policy announced by the Biden administration.
United States (US) President Joe Biden yesterday announced executive actions to bar migrants who cross the country’s southern border unlawfully from receiving asylum.
The block becomes effective when high levels of encounters at the southern border exceed the US’ ability to deliver timely consequences, as is the case today, Biden confirmed.
He said the new policy will make it easier for immigration officers to remove those without a lawful basis to remain and reduce the burden on border patrol agents.
“But we must be clear: this cannot achieve the same results as Congressional action, and it does not provide the critical personnel and funding needed to further secure our southern border. Congress still must act,” the US president said.
Biden issued a proclamation under Immigration and Nationality Act sections 212(f) and 215(a) suspending entry of noncitizens who cross the southern border into the US unlawfully.
The proclamation is accompanied by an interim final rule from the Departments of Justice and Homeland Security that restricts asylum for those noncitizens.
A total of 2,206 Jamaicans sought asylum in the US in 2022, according to data from the United Nations Human Rights Council (UNHRC). Data for 2023 for the US is not yet available.
INCREASE IN FIGURES
Jamaicans who sought asylum in neighbouring Canada in 2022 totalled 408, UNHRC said. That figure increased to 700 up to June in 2023.
Trinidad and Tobago rounded out the top three countries where Jamaicans sought asylum in 2022, at 282. Data for 2023 was not available.
Noting that the proclamation will make it easier for immigration officers to quickly remove individuals who do not have a legal basis to remain in the US, Biden said the move is temporary.
“These actions are not permanent. They will be discontinued when the number of migrants who cross the border between ports of entry is low enough for America’s system to safely and effectively manage border operations,” Biden said.
He said the move also includes similar humanitarian exceptions to those included in the bipartisan border agreement announced in the US Senate, including those for unaccompanied children and victims of trafficking.
Scores of Jamaicans have paid up to $300,000 for navigation through Central America, including the Darién Gap, to get to the US-Mexico border.
The Darién Gap has been described as one of the rainiest and most dangerous places on the planet, a lawless, unpoliced region, with many drug smugglers and sometimes political rebels.
Panama is usually the first port of call of the human-smuggling scheme.
“What is happening at the border is a crisis,” global immigration consultant Audrey Morrison told The Gleaner yesterday following the announcement.
Morrison, the Jamaican founder and CEO of Midas Immigration Services, said she has over the years discouraged Jamaicans from using this route to get to the US, noting that there are other ways to legally enter the country which they can take advantage of.
“It is no secret that [the Biden administration] has been under pressure from the Republicans to close the border. They are no strangers to managing the border themselves,” she said.
Morrison argued that the latest announcement is the US’ attempt at getting over the COVID-19 period where things were relaxed and to tighten the reins on the influx of migrants.
She said, prior to the announcement, the US had in place Title 42 which essentially required that asylum seekers wait in a “safe” country. This included Mexico where they awaited processing.
She said, because of this, thousands travelled to Mexico, up to 8,000 per day, where they waited to be processed.
“So we have a huge amount of asylum seekers and they are not being processed properly because of the overwhelming amount of them that enter the border. What Biden is doing is in one sense limiting the amount of people who cross the border daily to seek asylum and also offering those who cross the border better screening to determine if their asylum claims are true and valid,” she said.
She said the aim is to have asylum seekers to the border brought down to between 1,500 and 2,500 daily.
“So, I want to say to my Jamaicans, even though it’s now trending that you can enter the US through Mexico, it’s not the safest thing to do. The screening will be tighter. Asylum is based on evidence. Once you have the evidence to say yes, you have a credible fear, then you have an advantage,” said Morrison.
Still, she said many who are using this route to seek asylum do not clearly understand what it entails.
She is urging Jamaicans to get information on other legitimate means to enter the US.
“There are many. A lot of times we tend to rely only on the B1/B2 which is the visitor’s visa. There are so many other ways to enter the US legally,” she said.