A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Monday, November 12, 2018

Combined Departmental Action to Counter "Caravans"

President Trump's recent Presidential Proclamation, aimed at the large approaching "caravans" of migrants approaching the southern border, has led to combined efforts by the Department of Homeland Security (DHS), the Department of Justice (DoJ), and Department of Defense (DoD) to enforce border security.

Reportedly there are two caravans, each with at least 3,000 migrants and hundreds of additional followers, are approaching the U.S.-Mexico border.  According to the President's proclamation, the government had to spend tremendous resources to take care of these unlawfully-entered foreign nationals. Government statistics show that in Fiscal Year 2018, there were 396,579 foreigners arrested at the border due to unlawful entry.  Most recently, DHS reports that an average of approximately 2,000 people enter the U.S. daily at our Southern border.  The President proclamation identifies migrants that illegally enter between ports of entry, foregoing inspection, and declares these migrants' entry "suspended and limited" as of November 9th. The proclamation is in effect for 90 days.

Almost simultaneously, DoJ and DHS, have issued a final interim rule to align with the proclamation by automatically denying asylum to those crossing the Southern border illegally. These final interim rules forego the proposal process, becoming effective immediately. They will instead be turned to ports of entry for proper processing. The proclamation and interim rule allows migrants to apply for withholding of removal (which has stricter legal requirements than asylum) and protection under the Convention Against Torture (for those who can prove reasonable fear of torture upon returning to their country).  

The DoD has already deployed military personnel to provide a wide range of support to the DHS and CBP in anticipation of the approaching caravans. Support will be in the form of logistics, transport, medical support, and other areas. CBP and DoD officials had a clear message at their October 29 joint press conference: illegal entrants will be apprehended, asylum seekers should take Mexico's offer of protection, and economic migrants should go home and apply for a visa. 

These migrants are mostly natives of Central America, a place that has been governed by dictatorships and corrupted governments and plagued by wars, violence, poverty, gangs and political uprisings. They are determined to seek protection and a better life in the U.S.  It is a very dangerous journey to take as many of them have gone missing in the past in similar caravans and migration.  Lawsuits have been filed to stop the enforcement of the proclamation and interim rule.  Despite the deployment of military personnel, it is hoped that the matter can be resolved peacefully at the end.  

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