New Rules for Asylum-seekers at the US/Mexico Border
As of May 2023
After the end of Title 42, the new policy is referred to as the New Transit and Entry Bans.
Asylum-seekers who arrive at the border will AUTOMATICALLY be denied asylum unless they can demonstrate the following:
Have been successful in getting an appointment with immigration officials on the CBP One phone application. CBP One allocates 1,000 appointments per day through a lottery system. Read more about the application here.
Demonstrate that they first applied applied for asylum in a transit country en route to the US and that it was denied. For example, if a person travel to the US via Panama they will have to demonstrate that they applied there first.
Special parolees who have been granted permission by the US immigration officials to enter the country (but must do so through an airport not by arriving at the border). Currently, these parole programs exist for nationals from Cuba, Haitians, Nicaraguans, Venezuelans, and Ukrainians. See our parole page for more information.
Demonstrate “exceptionally compelling circumstances” such as acute medical emergency or severe security threat.
Family unity exception: Again, this exception is extremely complicated to demonstrate and will not be granted automatically.
The above conditions will be determined at a credible fear border interview. If the individual seeking asylum does not meet these conditions, they are likely to receive an expedited removal orders and be deported without seeing a judge and will be banned to re-enter for a five year period under what is known Title 8.
NOTE: An exception is made for nationals of Cuba, Haiti, Nicaragua and Venezuela who will be deported to Mexico if they do not meet the above conditions.
A lawsuit challenging these new rules has been filed by the ACLU but no decision has been made yet, therefore these new rules are still valid.