Refijye nan Meksik (Refugees in Mexico)
Se yon moun ki pa kapab tounen nan peyi li paske vi li, sekirite li
Don’t be fooled, the U.S. borders remain closed.
Title 42
The U.S. government informed that in 2022 the application of Title 42 could end, however, this has not happened in 2023 and migrants or asylum seekers still cannot enter the U.S. without an immigration permit.
It is very important to consult official media to follow updates on the subject, such as the U.S. Department of Homeland Security website: https://www.dhs.gov/news-releases/press-releases
On the other hand, Title 8 is also in force, which implies that all persons who enter the U.S. territory in an irregular manner and do not prove a situation of persecution will be expelled in an expedited manner. This applies especially to persons from Venezuela, Nicaragua, Haiti and Cuba. For more details, please visit the official website: https://www.dhs.gov/news/2023/01/05/el-departamento-de-seguridad-nacional-continua-preparandose-para-el-fin-del-titulo?fbclid=IwAR0ijEGqzcDaV7tMxHUiuYJ8-p8edJ3Qa2DDgdRUFgQY4mATf5YgVGbjO80
Persons originating from Venezuela should consider the following:
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- As of October 12, 2022, Venezuelan persons crossing irregularly into the U.S., may be expelled to Mexico.
- Those who have crossed into the U.S., Mexico or Panama irregularly after October 19 will NOT be eligible to apply for the U.S. parole process.
- The entire parole process is virtual and free of charge.
- You do not need to have an attorney for the parole process.
- Know the requirements for Venezuelans to enter the U.S.: ¿Qué necesitan las personas de Venezuela para ir a EUA con el nuevo procedimiento?
People from Cuba, Haiti and Nicaragua should also consider a procedure like that of Venezuelans:
- Through a fully online process, individuals can apply for advance authorization to travel to the U.S. and be considered, on a case-by-case basis, for a temporary permit of up to two years, which would include employment authorization, provided that:
- They pass rigorous biometric and biographic national security and public safety checks;
- Have a sponsor in the United States who is committed to providing financial and other support;
- Meet immunization and other public health requirements.
- Individuals entering the United States, Mexico or Panama without authorization after this announcement will generally not be eligible for these processes. These processes will allow up to 30,000 eligible nationals from these four countries to arrive legally in the United States and reside for up to two years and receive permission to work here during that period.
- Prospective sponsors can submit an application to DHS to support eligible individuals through http://www.uscis.gov/CHNV.
- Individuals and representatives of organizations wishing to apply as sponsors must declare their financial ability and pass a background check to prevent exploitation and abuse. Regarding the latter, Sin Fronteras does not provide support for asylum in the U.S., so we recommend you check the official websites of UNHCR, IOM and HIAS Mexico. You can find their contact information, as well as other organizations, here: https://contigosinfronteras.org/organizacion/
U.S. asylum law only protects those fleeing violence, extortion or torture in their home countries. Asylum is the right to seek protection from that country.
There are two possible processes for seeking asylum in the United States:
Affirmative Process
Affirmative Process
- You must be present in the U.S., apply regardless of how you arrived in the country or your current immigration status. However, at this time and due to the pandemic, the borders and points of entry are more guarded than ever, so anyone who enters the country irregularly is immediately returned without guaranteeing their right to apply for asylum.
- You cannot apply for asylum more than one year after your last arrival in the United States, unless you can demonstrate that you suffered circumstances that changed and affected your eligibility for asylum status, or justify the delay in applying for asylum.
- You must file Form I-589, Application for Asylum and Waiver of Removal, with the U.S. Citizenship and Immigration Services (USCIS).
- You may reside in the United States while processing your application. This does not mean, however, that you are allowed to work during that period of time.
Defense Process
Defense Process
- This type of application is for people who are going to be removed or deported from the United States and their case is in Immigration Court with the Executive Office for Immigration Review (EOIR).
- You can choose the defensive asylum process in one of the following cases: 1). If you were denied asylum in an affirmative proceeding or 2). if you were "detained or arrested in the United States, or one of its ports of entry without proper legal documentation or in violation of your immigration status," says the USCIS. 3). If you were arrested "by Customs and Border Protection (CBP) attempting to enter the United States without proper documentation," but an "Asylum Officer found that you had a 'credible fear' of persecution or torture" and prevented you from being deported (here, USCIS explains what credible fear is). Unfortunately, in the context of the pandemic, the United States has implemented Title 42 removal, a health-based restriction on entry. This means that it is not possible to apply for asylum or appeal for asylum.
- A defensive asylum case is decided in front of a judge, in what are known as adversarial proceedings (similar to a court hearing), in which the judge hears arguments from the applicant and his or her attorney, from the U.S. Government, represented by an ICE attorney.
- If the judge finds the applicant ineligible, he or she will determine whether the applicant is eligible for any other form of relief or should ultimately be deported and order deportation. In the context of the pandemic, judges have also decided to expand or reduce restrictions on the entry of asylum applications. This means that on some occasions it has been possible to follow up on extraordinary cases. However, at the moment no applications are being accepted.
*Sin Fronteras IAP does not represent any public or government institution. For more information visit: https://www.uscis.gov/es/programas-humanitarios/refugiados-y-asilo/asilo/obtener-asilo-en-los-estados-unidos
https://help.unhcr.org/usa/es/applying-for-asylum/