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On June 4th, 2024, the White House released a press statement from the Biden-Harris administration regarding the southern border of the United States. Though this administration has continually taken steps to secure this border, this announcement brings significant change to the process of entering the United States. Known as the Action to Secure the Border plan, this will drastically impact immigration in the United States.  The following blog explores what you must know about these matters and how a New York immigration lawyer can help you with any questions or concerns you may have regarding this new order.

What Is the New Action to Secure the Border Plan?

Essentially, the new Action to Secure the Border plan is an executive order established under Immigration and Nationality Act sections 212(f) and 215(a) and will prevent migrants who unlawfully cross the southern border from receiving asylum in the United States.

However, this action will only take effect when the number of migrants arriving at the border is exceptionally high, thus preventing United States Border Control from effectively doing their job. Once daily encounters pass a certain threshold, this plan will go into and remain in effect until the number of migrants decreases.

In addition to barring migrants from seeking asylum, this executive order also increases the penalties for those who try to enter the country unlawfully. A migrant who unlawfully crosses, in addition to being prohibited from seeking asylum, can face a five-year bar on re-entry into the country and the potential for criminal prosecution.

What Else Should I Know About This Executive Order?

It should be noted that there are humanitarian exceptions to this order. For example, an unaccompanied child or victims of trafficking will not be impacted by this order.

Additionally, this order seeks to improve the screening process for those who seek asylum, in an effort to remove those who are deemed a threat to the country’s security. This will allow the proper authorities to quickly remove those who do not have a legal basis to be in the country. In the same vein, the action seeks to improve this process to ensure those with a valid claim can obtain the protection they need. Essentially, someone may only begin the screening process if they can convey credible fear of harm in the event they return to their country. For example, if someone can clearly explain that if they were to return home, they would be tortured or killed, they may be referred to continue the process of seeking asylum.

As you can see, this will impact immigration which could affect you and your family. If you have questions, concerns, or otherwise need legal guidance on any immigration-related matter, including seeking asylum at the southern border, it’s in your best interest to connect with the Law Office of Jason A. Dennis. We understand how complicated and overwhelming this process can be, which is why we are ready to assist with any issues you may face. Connect with us today to learn more.