Asylum seekers who come to ports of entry are supposed to be screened under the new, restrictive asylum rule, according to the Department of Homeland Security
Officials at the San Ysidro Port of Entry are refusing to accept asylum seekers who don’t have appointments obtained through a smartphone app even though new government rules indicate they should be taken in and screened.
The official’s instructions contradict what a high-level official from the Department of Homeland Security said earlier in the week are the new protocols with the recent end of Title 42 — which blocked asylum seekers from entering ports of entry during the pandemic. But that does not appear to be what’s happening in San Diego. CBP officers at the San Ysidro Port of Entry turned away the family from Michoacán and told them the only method for requesting protection is to use the smartphone app.None of the asylum seekers in this article are being fully identified because of concerns that they are still in danger.
If CBP officers refuse to process migrants who approach the port of entry, it is not clear how those especially vulnerable cases might be identified in the first place.The new rule says that anyone who crosses a third country between leaving their country and getting to the United States will be presumed ineligible for asylum unless they first apply for and are denied asylum in that third country. People who use the smartphone app CBP One are exempted from this rule.
But, Orta said, it’s not clear how an asylum seeker would prove such circumstances. And the consequences if they are found not to have exceptionally compelling circumstances could be dire if they are not from Mexico. But at the San Ysidro Port of Entry, there isn’t even a line. CBP officers tell asylum seekers the app is the only option.There doesn’t seem to be a way for asylum seekers to make a claim of exceptional circumstances or for Mexicans to safely exit the country they are trying to flee.multiple occasions since the end of Title 42 when they and the asylum seekers they were representing were turned away by San Diego CBP. That sometimes included Mexican police pressuring them to leave the port area.
They followed his instructions, pausing to ask directions of a member of the Mexican military and again of taxi drivers as they got close to the entrance.“There is no asylum here,” one taxi driver told them in Spanish. “Don’t waste your time.” The woman from Guerrero was adamant about wanting to request protection at a port of entry rather than climbing over the border wall. She didn’t want to risk her children’s lives, she said.
Every day, some asylum seekers receive appointments through notifications in the app and have 23 hours to accept the dates given.According to Nuñez-Neto, the DHS official, the algorithm that selects who will be given appointments each day weighs how long the asylum seekers have had accounts in the app. But the selection is still based on chance, he emphasized.
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