The Immigration Appeals Board (BIA) recently issued a resolution that significantly changes the treatment towards certain migrants stopped at the border. According to this decision, those who are declared inadmissible when entering or trying to enter the country may no longer request a bail hearing to be released while their immigration situation is resolved.
The measure, which entered into force on May 15, mainly affects migrants arrested in entry or among them, including many from countries such as Guatemala, Honduras and El Salvador.
What does this change mean?
According to the Guatemalan immigration analyst Fernando Castro Molina, this provision implies that if a person is captured when trying to cross the border without authorization and it is determined that it does not meet the requirements to enter the country, it will be placed in a process of expedited deportation and may not request freedom under bail.
Practical example: If a Honduran mother tries to cross with her son between border posts and is stopped by the border patrol, she can no longer ask to be released while her case is resolved, as happened previously in some cases. Will be stopped until your deportation is executed.
This change is based on article 235 (b) of the Immigration and Nationality Law (INA), which allows immigration authorities to immediately expel those who are considered inadmissible. In addition, it is emphasized that article 236 (a) of the INA, which allows requesting bail, will no longer be applicable for these cases.
They will lose protection
Castro Molina warns that those people who were released in the past under probation (Parole) or bail could now lose that protection. If the Department of National Security (DHS) gives them a notification of appearance (NTA) to appear before a judge, they may be detained without bail, even if they are already within the country.
Another example: a young Guatemalan who entered a year ago and was released under Parole, if he goes to a migratory appointment and is given an NTA, could be arrested at that time without the option of freedom on bail.
Castro Molina made an urgent call to the governments of Guatemala, Honduras, El Salvador and Mexico to clearly and directly inform their citizens about this measure.
“It is the responsibility of the states to carry out dissemination campaigns in the press, radio and television to prevent more migrants in front of these hard consequences due to ignorance,” he said.
Finally, migrants are recommended in this situation to seek advice with qualified migratory lawyers, since the ruling establishes that not even an immigration judge can modify the conditions of detention of those who recently entered and are in the process of deportation.
“It is noted not to go to notaries, since they are not authorized to represent cases before the Immigration Court or can offer an adequate legal defense,” he said.
Postures
“The measure would not significantly affect the majority of Guatemalans who migrate to the country,” said Juan Carlos Pocasangre, president of the Guatemalan organization in New York.
Few -Great said that Guatemalan migrants, for the most part, do not give themselves to the immigration authorities when crossing the border, but enter by dangerous routes and avoid contact with immigration agents. This, he said, allows them to stay “under radar” and continue working in the US. Without initiating migratory procedures that expose them to be detained.
In addition, he indicated that the majority of nationals do not request political asylum because he knows that he does not qualify under the requirements established by the American system.
“Asylum is very difficult to obtain and many Guatemalans migrate for economic reasons, lack of employment or violence, but cannot prove political or religious persecution, as the law demands,” he explained.
He also questioned the policies of previous governments such as Joe Biden and Kamala Harris, who at the time gave way to a greater income of migrants and the possibility of requesting asylum.
“That generated false hopes. Many entered thinking that they could legally stay, but the reality is that very few managed to advance with their cases,” he said.
According to few abilities, today many migrants who entered under parole or who have pending audiences live in a state of uncertainty and fear of being deported, even if they already have work permits.
“Some will not even renew those permits for fear of being arrested,” he added.
Therefore, he insists that the new measure does not change the panorama for most Guatemalans in the US.
Walter Batres, president of the Guatemalan migrant network, expressed his rejection towards the measure, and said that legal measures should be taken as soon as possible.
“That is a violation of rights because migratory cases are civil, not criminals. We will see each other in the Cortes,” he warned.
Rescued
A 29 -year -old Guatemalan, originally from San Antonio Suchitepéquez, was rescued in serious condition in the Arizona desert, United States, the Ministry of Foreign Affairs reported to the Guatemalan News Agency (AGN).
The Guatemalan, as indicated, was located by border patrol agents in the area known as “three points”, Arizona. At the time of the finding, he was unconscious and presented severe symptoms of dehydration, so she was transferred by air to a hospital in Tucson, Arizona, where she was stabilized and is conscious, although she continues in delicate condition.
The Consulate also established contact with the family of the migrant, both in Guatemala and in the US, who are kept informed about their medical evolution.