Summary
Processing of Adults and Family Units Arriving at the Southern Border Without Valid Documents The Trump Administration has implemented a series of policies that change the processing of non-U.S. nationals (aliens) who arrive at the southern border without valid entry documents, many of whom claim asylum or a fear of persecution. These policies include metering, the Migrant Protection Protocols, an interim final rule that makes aliens ineligible for asylum if they reach the southern border through third countries (with limited exceptions), and safe third country agreements with Guatemala, Honduras, and El Salvador (these agreements are at varying stages of implementation). These policies generally apply to adults and family units only. (The interim final rule, however, also applies to unaccompanied alien children in formal removal proceedings.)From Entry to Immigration Court or Removal CBP removes Mexican nationals subject to expedited
removal who do not claim fear;
ICE removes all others .Removal
(may release with NTA, although this option has been disfavored since DHS announced "the end to widespread catch and release" on September 23, 2019)or NO YES(If "amenable."
See footnote.)*Alien returns to Mexico
while case goes to
formal proceedings Formal Removal Proceedings MPP NO YES Expedited Removal Does adult or family unit request
asylum or express fear of persecution? for first-time entrants CBP: 3 Primary Options(unless alien withdraws asylum application in U.S. and requests removal to home country instead)May the alien be removed to a third country under an STCA?
no applicable exception? Removed to
3rd country EOIR (DOJ): Credible or reasonable fear not found Credible or reasonable
fear found Upheld Overturned Request for review of
negative determination Aliens are generally transferred from CBP to ICE detention for credible and reasonable fear processing, space permitting (20-day limit for family units). Under the PACR and HARP programs, credible and reasonable fear processing may occur in CBP facilities in certain sectors. Credible or reasonable fear interview
(Under the IFR, third country transit triggers reasonable fear standard with limited exceptions)Under the IFR, third country transit makes
aliens ineligible for asylum in immigration court
with limited exceptions. Aliens in MPP remain in Mexico during formal
proceedings. The proceedings may occur in
"tent courts."ICE may detain adults during formal proceedings.
Regulations terminating the Flores settlement
would permit family detention but are currently
enjoined. Formal Proceedings
in Immigration Court Unlawful Entry
Between Ports Port of Entry Port of Entry Metering May Apply Abbreviations - BIA: Board of Immigration Appeals; CBP: Customs and Border Protection; DHS: Department of Homeland Security; DOJ: Department of Justice; EOIR: Executive Office for Immigration Review; HARP: Humanitarian Asylum Review Process; ICE: Immigration and Customs Enforcement; IFR: Interim Final Rule; MPP: Migrant Protection Protocols; NTA: Notice to Appear; PACR: Prompt Asylum Claim Review program; STCA: Safe third country agreement Information prepared by Ben Harrington, Legislative Attorney; Hillel Smith, Legislative Attorney; and Brion Long, Visual Information Specialist. This product builds upon an earlier analysis by William Kandel and Hillel Smith. For more information, see CRS In Focus IF11363, Processing Aliens at the U.S.-Mexico Border: Recent Policy Changes, and CRS In Focus IF11357, Expedited Removal of Aliens: An Introduction.
*Unaccompanied alien children, Mexican nationals, aliens likely to face persecution or torture in Mexico, and some other categories of
aliens are not "amenable" to the MPP. See Customs and Border Protection, MPP Guiding Principles (Jan. 28, 2019), https://www.cbp.gov/sites/default/files/assets/documents/2019-Jan/MPP%20Guiding%20Principles%201-28-19.pdfUNITED STATESMEXICO
Document ID: IG10017