This information is for people who want to enter the United States at land borders between the United States and Mexico.
The content of this guide is written by the International Refugee Assistance Project (IRAP) and is also available on IRAP's legal information website here. This website provides general information about legal processes available to some refugees. It is not meant as legal advice for individual applications. This information is up-to-date as of August 4, 2023. Policies and practices at the US-Mexico border change rapidly, so please note that information can change since the last update and that this article may not be accurate. However, please know that we do our best to update when there are significant changes. The information provided on this website is not legal advice. It is intended for educational purposes only. Although there are United States court cases challenging the asylum rule that first took effect in May 2023, the rule remains in place and no changes are expected before at least September 21, 2023. This page will be updated if and when new policies are announced.
"Beporsed" is privileged to publish this information with the explicit permission of IRAP, ensuring that Afghans seeking accurate and reliable guidance can access it conveniently.
Who is this information for?
This information is for people who want to enter the United States at land borders between the United States and Mexico. Unless otherwise stated, this information applies to two groups:
- Adults traveling alone AND
- Families traveling together
Children under 18 who are not traveling with their parents and seeking to enter the United States have a different set of rules that apply to them.
What is happening at the border?
- The policy of Title 42, under which people trying to enter at the US-Mexico border were expelled but not usually deported from the United States, is over.
- The U.S. government continues to require that most people use the CBPOne Mobile App to schedule appointments and seek entry to the United States at Ports of Entry.
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People who enter the US without permission will now face deportation instead of Title 42 expulsions.
- Because of a new rule, it is now much harder to apply for asylum if a person from a country other than Mexico enters the US at the US-Mexico border without permission.
- If a person enters the US with an appointment, it is easier to apply for asylum. However, it is still a very hard process.
- Deportation has consequences that Title 42 expulsions did not have, like bars to re-entry and potential criminal prosecution for people who later enter the US without permission.
What People Will Experience Depends on How They Access the Border.
There are different procedures for:
(A) people with an appointment,
(B) people who try to enter at a Port of Entry without an appointment, and
(C) people who enter the United States without permission and not at a port of entry.
(A) What Happens to People who Present at the Border with an Appointment?
Almost all appointments must be made through CBPOne. See information about how to use CBP One here.
When people with appointments present at the border on their designated day and time, CBP will use facial recognition software to check the identities of people who present for appointments. They will also ask to see the appointment confirmation email. Everyone presenting together must be entered into CBPOne as a traveler before making the appointment in the app.
The US government has said that most people who present with appointments will likely be released from CBP custody in hours or days and given a piece of paper requiring them to go to immigration court in the future in removal (“deportation”) proceedings. If they apply for asylum, they will have a chance to present their claims before the immigration judge. If people miss a court date, they are ordered removed (“deported”), so attending all scheduled court dates is critical.
Upon entering, people with appointments may be screened for asylum eligibility as part of an interview called a Credible Fear Interview (CFI). More information about asylum in the U.S. is available here and more information about credible fear interviews is available here. However, people with appointments may not have credible fear interviews and may instead be released from custody on a temporary status called parole. They are still able to apply for asylum within one year of their entry into the United States. Most people with appointments do not have a credible fear interview; however people who have previously been in the United States are more likely to have a credible fear interview than people who have not been in the United States before.
There is a new asylum rule that makes seeking asylum harder for many people from countries other than Mexico who entered the United States after May 11, 2023. But this new rule does not apply to people who present with appointments.
(B) What happens to People who Present at a Port of Entry Without an Appointment?
It is not clear what will happen to people who try to enter the US at a port of entry without an appointment. Based on what we have heard and the new rule, it seems that people should be able to form a second line at Ports of Entry, and CBP might talk to people in that line after they assist people with appointments.
Because the US government wants to promote the appointment system, people trying to cross the border without an appointment will have a harder time than people with appointments when they are applying for asylum after being processed into the US. As of May 15, 2023, there are also reports of people without appointments simply being turned away. There are also reports of the Mexican government restricting access to ports of entry for people without proof of an appointment.
If a person does not have an appointment and they are not immediately turned away at the US border, it is likely that they will remain in CBP custody for several days. They are likely to face “expedited removal,” which is a process the US government uses to deport people faster. However, for people who tell CBP they are afraid to return to their country, it is also likely that they will have a credible fear interview while they are in custody. Very briefly, a credible fear interview is a chance for a person to show they are likely to qualify for asylum in order to present their case to a judge in a full hearing. In other words, they will have to show to the officer interviewing them that they have at least around a 10% chance of winning their asylum claim to pass their credible fear interview. This is the usual standard for passing a credible fear interview.
However, people from countries other than Mexico who enter the US at a port of entry but without an appointment will be presumed ineligible for asylum unless they show certain special circumstances under a new rule. This means that, unless they show these special circumstances, people will have to show a higher likelihood of winning their asylum claim to pass their credible fear interview.
One way to be excepted from the new rule for people who present without appointments is to show that they were unable to use the CBP One app because:
- They are unable to read; or
- They do not speak a language in which the app is available; or
- They were experiencing significant technical difficulties.
People who can show one of these things should be treated the same way as people with appointments.
Even people from countries other than Mexico who cannot show these reasons for not using the app may be still be able to present their asylum claims under the usual standard for passing a credible fear interview if they show:
- That they are experiencing exceptional circumstances.
- That they were experiencing a serious and urgent medical issue shortly before entering the United States or
- That they were experiencing serious threats of harm like rape, kidnapping, torture or murder shortly before entering the United States; or
- That they are a victim of a severe form of human trafficking, such as any form of sex trafficking or especially serious forms of forced labor like domestic servitude or slavery; or
- That they applied for and were denied asylum in another country on their way to the United States.
People:
- from countries other than Mexico
- without appointments
- presenting at ports of entry
- who cannot show the accepted reasons for not using the app and
- who cannot show exceptional circumstances
still get a credible fear interview. However, under a new rule, as of May 11, 2023, it will be harder for them to avoid deportation. They will have to show what the government calls a “reasonable likelihood” of persecution or torture in order to be referred into immigration court proceedings and try to avoid deportation. This is a higher standard and is harder to show than an approximately 10% chance as explained above. If they are referred into immigration court, they will be allowed to apply for asylum but still presumed ineligible for asylum. They will have another chance to convince a judge that they should qualify for an exception detailed above or other exceptional circumstances. Otherwise, they will only be eligible for other immigration benefits like withholding of removal or protection under the Convention Against Torture so they are not deported back to danger in their home countries.
People who do not show the required likelihood of winning their asylum case will be deported in a fast process called expedited removal unless they seek review by an immigration judge. People who do not request review or whom the IJ also finds have not shown the required likelihood of facing persecution or torture will be ordered deported with expedited removal order.
(C) What Happens to People who Enter the US Without Permission/Between Ports of Entry?
The US government will assume people from countries other than Mexico who enter the US without permission are ineligible for asylum. They will be subject to detention and expedited removal, meaning the government will try to deport them as quickly as possible.
If they tell CBP they are afraid to return to their country of origin, the US government should provide a credible fear interview to explain their fear to return to their country and try to avoid deportation. As a reminder, a credible fear interview is an interview with an asylum officer during which a person must try to explain what harm they fear in their home country and why they would suffer or have suffered that harm. More information about credible fear interviews is available here.
Many people in this situation, especially single adults and Spanish-speakers, will have their credible fear interviews in CBP custody within days of detention. Note that people from El Salvador will have their credible fear interviews in ICE custody due to a lawsuit in the United States. Families headed to certain destinations in the United States will be required to appear for credible fear interviews shortly after arriving in those destinations.
With certain exceptions, people who enter without permission will have to show a high likelihood of winning their claim for asylum or other protection from deportation to be able to present their claim in a full court case. In other words, a much higher standard and faster timeline will apply to those people entering the United States without permission.
People who enter the US without inspection will face the usual standard to pass the credible fear interview described above if they can show:
- That they were experiencing a serious and urgent medical issue shortly before entering the United States or
- That they were experience serious threats of harm like rape, kidnapping, torture or murder shortly before entering the United States; or
- That they are a victim of a severe form of human trafficking. Severe forms of human trafficking include any form of sex trafficking or especially serious forms of forced labor like domestic servitude or slavery; or
- That they applied for and were denied asylum in another country on their way to the United States.
People who show one of the above and show a “significant likelihood” (about a 10% chance) of winning their asylum case will be referred into regular immigration court proceedings and be able to apply for asylum or other forms of relief such as withholding of removal or protection under the Convention Against Torture (CAT).
If they do not show they meet one of the exceptions above, they will have to show what the government calls a “reasonable likelihood” of persecution or torture in order to be referred into immigration court proceedings. This is a higher standard and is harder to show than a significant likelihood. If they are referred into immigration court, they will be allowed to apply for asylum but still presumed ineligible for asylum. In other words, they will have another chance to convince a judge that they should qualify for an exception detailed above or other exceptional circumstances. They will only be eligible for withholding of removal or protection under the Convention Against Torture to prevent being deported back to danger in their home countries.
People who do not show the required likelihood of winning their asylum case will be deported in a fast process called expedited removal unless they seek review by an immigration judge. People who do not request review or whom the IJ also finds have not shown the required likelihood of facing persecution or torture will be ordered deported with expedited removal order.
(D) What Happens if a Person Receives an Expedited Removal Order?
A person with an expedited removal order is usually deported to their country of origin. Certain nationalities can also be deported to Mexico. As of May 10, 2023, Haitians, Nicaraguans, Venezuelans, Cubans, and Mexicans can be deported back to Mexico.
Once deported with an expedited removal order, people are barred from entering the United States legally for five years. If a person presents at a Port of Entry after being removed and says they are afraid to return to their country, they should still have an interview with an asylum officer about their case. This is called a reasonable fear interview - similar to a credible fear interview but with a higher standard to show they are reasonably likely to win their asylum case. If the government finds they meet this standard, they will be sent to immigration court to apply only for withholding of removal or protection under the Convention Against Torture. They will not be eligible for asylum.
If a person who was deported reenters the United States without permission and is caught, they can be prosecuted in a criminal court.
If a person who is deported reenters the United States without permission, they can also be deported very quickly through something called “reinstatement of removal.” If a previously deported person is detained, they can express that they are afraid of persecution in their country of origin. They should then have a reasonable fear interview - similar to a credible fear interview but with the higher standard to show they are reasonably likely to win their asylum claim. If they government finds they meet this standard, they will be sent to immigration court to apply only for withholding of removal or protection under the Convention Against Torture. They will not be eligible for asylum.
NOTE: This information is up-to-date as of August 4, 2023. Policies and practices at the US-Mexico border change rapidly, so please note that information can change since the last update and that this article may not be accurate. However, please know that we do our best to update when there are significant changes. The information provided on this website is not legal advice. It is intended for educational purposes only.
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