President of the United States, Joe Bidensigned a new one on Tuesday decree which aims to limit the number of people who can seek asylum at the border with Mexico.

While this is not the first time a democratic government has introduced restrictions to curb migration, today more decisive actions than Biden took during his presidency and replicates measures used by former Republican President Donald Trump (2017-2021).

How will these restrictions work?

These measures temporarily restrict access to shelter in southern border; They will be activated when the number of irregular crossings exceeds a certain number, and will be suspended when they decrease.

When they take effect, the measures will allow authorities to deport to their countries of origin or expel to Mexico people who cross the border illegally unless they can prove under stricter standards that they would face persecution or torture if removed.

In particular, restrictions will be activated when, on average, 2500 illegal crossings diaries at the border for a period of seven days.

Daily Transitions There are already more than this numberso it will take effect “immediately,” officials told reporters.

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The only way to lift restrictions is to reduce the average number of arrests to 1500 per day for 14 days.

Such a reduction is difficult to achieve because arrest rates this low have not been reported since July 2020, at the height of the pandemic.

To apply for asylum in the United States under a restriction, a person must prove that there is “reasonable probability” What will it be pursued or tortured if he is sent back to his country of origin.

According to legal experts consulted by EFE, this standard is much higher than the current one and requires people to provide more evidence to immigration authorities at the border, which is the initial filter for making an asylum case in the US.

The order, however, provides exceptions and does not apply to unaccompanied minors, or to people who can demonstrate a serious medical emergency, an imminent risk to their life or safety, or who are victims of human trafficking.

What is the legal basis?

The order is based on Section 212(f) of the Immigration and Nationality Act of 1965, which gives the President the power to ban entry of some migrants by decree if it is believed that his income will be “harmful” for the sake of national interests.

trump invoked this article several times during his mandate, including banning the entry of people from majority countries Muslim.

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The Republican government has faced numerous lawsuits from human rights organizations for its use of this article.

Officials White House They noted that they are already “ready” for any legal dispute.

What real effect will this have on the border?

Since Title 42, a restriction that went into effect during the pandemic and allowed migrants to be immediately expelled to Mexico, was repealed in May 2023, the Biden government has taken a series of actions to limit who can seek asylum in the U.S. and deport more migrants. number of people.

However, the actual effect they have had is limited due to the US. does not have the ability to quickly review requests neither deport nor detain all people arriving at the border, according to experts consulted by EFE.