On June 4, 2024, President Joe Biden’s executive action on immigration was revealed by the White House. The new order, effective June 5, 2024, will limit the number of migrants who can claim asylum at ports of entry along the southern U.S. border during periods of high illegal crossings.

Under the order, migrants seeking asylum will be turned away at the border when the seven-day average of daily border crossings exceeds 2,500 encounters between ports of entry. As the current number of encounters surpasses this threshold, the order will be implemented immediately.

Starting June 5th, U.S. border officials will no longer conduct credible fear interviews for asylum claims and will instead quickly expel migrants seeking asylum at the border. Those expelled will face a minimum five-year reentry bar to the United States and potential criminal prosecution.

Asylum claims will only be accepted at the border after 14 days have passed and the daily encounters drop to 1,500 migrants or less at U.S. ports of entry. The order applies to all noncitizens encountered along the southern border, except unaccompanied minors, regardless of their country of origin.

The executive order aims to temporarily suspend the entry of noncitizens who cross the border without authorization or a legal basis, including those seeking asylum during periods of high border crossings. Migrants can still claim asylum through scheduled appointments on the Customs and Border Protection’s One app, but unscheduled claims at the border are prohibited.

The order was passed to deter unlawful migration and promote legal means of entry into the U.S. The Biden administration believes it is necessary to address unresolved issues left by Congress, despite facing criticism from both parties. There is a possibility that the order may be challenged in federal court.

For more information on the executive order, visit the provided link. If you have questions or would like to schedule a consultation, contact the numbers listed.

Stay updated on immigration news by joining the Facebook group dedicated to discussing the impact of the new executive order and other changes related to COVID-19. For additional COVID-19 immigration updates, visit the Immigration and COVID-19 Resource Center.