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Title : Despite the epidemic restrictions, Ukrainians can seek asylum at the US border
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Despite the epidemic restrictions, Ukrainians can seek asylum at the US border

According to the Department of Homeland Security (DHS), U.S. officials on the Mexican border have been instructed to consider exempting Ukrainians from an epidemic-related control. Memo Retrieved by CBS News.

During a press conference on Thursday, DHS Secretary Alejandro Myorgas said the guideline was designed to remind customs and border security (CBP) officials of the power to exempt certain immigrants from Article 42, the first expulsion policy implemented under the Trump administration. Ukrainians seeking asylum in the United States.

The memorandum instructs CBP officials at entry ports to consider exempting immigrants holding Ukrainian passports valid from Chapter 42 and enforcing them under routine immigration procedures instead.

“The Department of Homeland Security acknowledges that the unjustified Russian war of aggression in Ukraine has created a humanitarian crisis,” the March 11 note said.

Ukrainians exempt from Chapter 42, separate internal DHS guidance levels, can be processed on a case-by-case basis under a one-year grant of humanitarian parole, which allows immigrants to live and work legally in the United States on a temporary basis.

Guidance for Ukrainians differs from the applications of Title 42 on Immigrants and Asylum Seekers from Other Countries. U.S. border officials have used Title 42 to evict more than 1.7 million immigrants since the policy was first enacted in March 2020. Government figures Show.

Immigrants processed under Article 42, most of them from Mexico, Central America or Western Hemisphere, such as Haiti and Brazil, are deported to northern Mexico or their home countries without being granted U.S. asylum.

The Trump administration’s time limit, which the Biden administration says is still needed to prevent the spread of the corona virus within border facilities, has prevented most asylum seekers from seeking protection at official entry ports, which is legal under U.S. law.

The Ukrainian family seeking asylum speaks with the Customs and Border Security Agent on the Mexican side of the border in Tijuana, Mexico, on March 17, 2022.

Getty Images by GUILLERMO ARIAS / AFP

On Thursday, Mayorkas reiterated that last week’s guidance reaffirmed the authority of border authorities to grant Title 42 exceptions to immigrants, including humanitarian medical conditions.

“It is a policy guideline that reminds us of personal resolutions and their applicability to Ukrainian citizens, and they apply to everyone else,” Mayorkas said.

But lawyers for immigrants, the DHS guidelines for Ukrainians, show that asylum seekers are treated unequally and discriminated against on the basis of their country of origin, which is prohibited under international refugee law.

“I am pleased that the DHS acknowledges that asylum seekers do not need to be deported, and this does not apply to people from other countries,” said Kenji Kisuka, co-director of the American Law First Human Rights Organization. Team.

“Where are the exceptions for Haitian asylum seekers who arrived last fall?” Kisuka continued. “Where are those exceptions for asylum seekers in Cuba, Nicaraguan and Venezuela, and for asylum seekers from Guatemala, El Salvador and Honduras?”

U.S. officials on the southern border process relatively few Ukrainians, compared to immigrants from other countries. For example, in February, 272 Ukrainians entered U.S. border custody, which is approximately 0.1% of the fear of immigrants that month.

But U.S. border officials have processed 1,301 Ukrainians so far this fiscal year, which began in October, an increase of 92% from fiscal 2021, government figures show.

Earlier this month, a Ukrainian mother and her three minor children who fled the Russian invasion were initially deported to Tijuana, Mexico, and later released into the United States. Public outcrySenate Majority Leader Chuck Schumer is a Democrat from New York.

More than 3.1 million people have been evacuated since Russian forces invaded Ukraine in late February. United Nations High Commissioner for Refugees. The majority are from neighboring countries, including Poland, where nearly 2 million refugees currently live.

Mayorkas reiterated the US estimate that most displaced Ukrainians would be resettled in Europe, but announced that his department had sent refugee officers to the area to reconsider the cases of those who wished to come to the United States through the refugee program. To complete.

The Biden administration has come under intense pressure from Democratic allies to end Chapter 42, which Republicans strongly support. It recently suffered two judicial setbacks in federal court, which could force officials to modify and re-measure discharges.

If the ruling of the Federal Court of Appeals in Washington, D.C., is confirmed, U.S. border officials will need next month to ensure that immigrant families traveling with children are not deported to countries where they could be abused or tortured. It may also trigger the end of Title 42 for families with children.

Last week, in response to another court ruling this month, the Centers for Disease Control and Prevention revoked the authority of border authorities to expel unaccompanied minors exempted from Title 42 from November 2020.

The agency, which acknowledged the improvement in the epidemic situation, said in its order that it would decide by March 30 whether it was still necessary to evict migrant adults and families to protect public health.

In Thursday’s call, Mayorkas declined to share details about the timeline for the end of Chapter 42 or the products for the possible end of the policy. But he noted that DHS “operates in preparation for different possibilities.”

“The duration (of Chapter 42) will be determined by the CDC on the basis of public health, depending on where we are on the curve of the COVID-19 epidemic,” Myorgas said, referring to the detection of new corona virus variants in other parts of the world. .

Further

Camilo Montoya-Calves

Camilo Montoya-Calves is an immigration reporter at CBS News. Based in Washington, he covers immigration policy and politics.

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