Editor's note: This story has been updated throughout.
The Trump administration wants to make migrants who pass through another nation before entering the U.S. at its southern border ineligible for asylum, the Associated Press reported Monday. The effort would disqualify most asylum seekers who did not first seek safe haven in another country before crossing the U.S.-Mexico border, including unaccompanied children.
The AP reported that there would be exceptions to the rule, which was published in the Federal Register and is expected to take effect Tuesday. Migrants would still be eligible for asylum if they had been trafficked, for example, or if they sought asylum in another country but were denied.
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The rule, issued jointly by the U.S. Department of Homeland Security and the Department of Justice, is an effort to crack down on what the Trump administration says are “meritless” claims of asylum from tens of thousands of people who have exploited current law, according to the text.
“By deterring meritless asylum claims and de-prioritizing the applications of individuals who could have obtained protection in another country, the Departments seek to ensure that those refugees who have no alternative to U.S.-based asylum relief or have been subjected to an extreme form of human trafficking are able to obtain relief more quickly,” the text states. “Additionally, the rule seeks to curtail the humanitarian crisis created by human smugglers bringing men, women, and children across the southern border.”
The American Civil Liberties Union promised immediate legal action to halt the policy.
“The Trump administration is trying to unilaterally reverse our country's legal and moral commitment to protect those fleeing danger,” said Lee Gelernt, deputy director of the Immigrants’ Rights Project of the American Civil Liberties Union. “This new rule is patently unlawful and we will sue swiftly.”
Other efforts by the Trump administration to change asylum policy — like denying asylum to migrants who cross the border illegally or detaining migrants while their cases are decided — have been blocked.
The latest policy is an attempt to reduce a surge of unaccompanied children and family units — mostly Central Americans seeking asylum — crossing into Texas and other states on the southern border. Last week, the Department of Homeland Security said that through June, U.S. Border Patrol agents had apprehended more than 688,000 undocumented immigrants, an increase of about 140% from last year, a DHS spokesperson said.
The two most heavily used routes go through El Paso and the Rio Grande Valley. From October, when the federal government's 2019 fiscal year began, through June, more than 27,800 unaccompanied children and about 166,000 family units were apprehended by or surrendered to Border Patrol agents in the Rio Grande Valley sector — an increase of 60% and 293% from 2018, respectively. In the El Paso sector, which also includes New Mexico, about 14,600 unaccompanied children and 117,600 family units were apprehended. That's an increase of 267% and 1,759% from 2018, respectively.
The new rule could also add to the current logjam of asylum seekers and other refugees in certain Mexican border cities that have to accept asylum seekers under the Trump administration’s Migrant Protection Protocols, known as "remain in Mexico." The program began in California in January and was expanded to the El Paso ports of entry in March. It expanded to the Laredo and Nuevo Laredo border in South Texas last week.
Through July 11, more than 9,300 people had been returned to Ciudad Juárez under the program, according to Chihuahua state officials. About 36% are from Guatemala, 29% are from Honduras, 16% are from El Salvador and the rest from other countries, including Cuba.
On Friday, Enrique Valenzuela, director of Ciudad Juárez’s Centro de Atención a Migrantes, a migrant transition facility operated by the Chihuahua state government, said state and local officials are trying to quickly find more shelter space in the border city as the number of migrants returned or waiting to apply for asylum grows.
Members of Congress and immigrant advocates have also criticized the conditions that many migrants are facing while detained in Border Patrol processing centers in the United States. Migrant men at a McAllen center hadn't showered in "10 or 20" days, according to accounts from reporters who accompanied Vice President Mike Pence on a tour of the facility Friday.