In a proposed new rule announced on Feb. 21, the U.S. Departments of Homeland Security and Justice have restricted the access of migrants to seek asylum in the United States by minimal, preventing them from applying for protections if they don't try other avenues first.
According to the statement, the policy states that people will not be eligible for asylum in the US if they did not apply for asylum in any of the countries visited prior to reaching the border and this they were denied, or if they did not try to apply for asylum through the new CBP One digital application.
The proposal establishes that "the new restrictions are necessary because they predict an overwhelming number of people who will arrive at the border once the restrictions related to the pandemic”, that is, the culmination of Title 42.
“Such a high rate of migration risks overwhelming the capacity of departments to effectively process, detain and remove, as appropriate, migrants found,” they wrote in the proposal.
The restrictions would take effect in the coming weeks, after a period of 30-day public comment, and would be in effect for two years. Among the few exceptions to the new restrictions, it stands out that it does not apply to children accompanied or people who have a medical emergency. Migrants could also prove that the CBP One app did not work for them, or that they are facing a threat imminent and extreme to life or safety, such as rape, kidnapping, torture, or murder.
These restrictions do not include Mexican citizens, as they do not have to go through a third country to reach the United States.