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Biden’s Immigration Order Limits Asylum Rights

NNPA NEWSWIRE — The number of undocumented migrants crossing the U.S.-Mexico border has soared in recent years, with 249,785 arrests taking place along the border in December 2023. That marks a 13% rise from the 222,018 migrants arrested by the Border Patrol along the U.S.-Mexico border in December 2022.
The post Biden’s Immigration Order Limits Asylum Rights first appeared on BlackPressUSA.

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Overview:

  • President Biden’s new executive order restricts migrants’ ability to apply for asylum, potentially leading to more undocumented minors crossing the border solo.
  • The order is influenced by an immigration statute used by Donald Trump, but implementing it will be challenging due to various factors.

By Jean Lantz Reisz, University of Southern California | Cincinnati Herald

Immigration is a top issue in the upcoming presidential election – and President Joe Biden’s new executive order restricting migrants’ ability to apply for asylum is likely to further elevate the subject in national politics.

The number of undocumented migrants crossing the U.S.-Mexico border has soared in recent years, with 249,785 arrests taking place along the border in December 2023. That marks a 13% rise from the 222,018 migrants arrested by the Border Patrol along the U.S.-Mexico border in December 2022.

Jean Lantz Reisz, an immigration law scholar at the University of Southern California, explains four key things to know about how this executive order will take effect and influence immigration trends.

1. The executive order is basically an asylum ban

Biden announced his executive order on June 4, 2024. It prevents everyone who crosses the U.S.-Mexico border without a visa, and not passing through an official port of entry, from seeking asylum. It goes into effect when the number of people crossing the U.S.-Mexico border each day exceeds an average of 2,500.

There have generally been more than 2,500 people without visas crossing the U.S.-Mexico border for each day of Biden’s entire presidency.

Effectively, this is a ban on asylum, meaning the legal right for undocumented immigrants to remain in the U.S. because of the harm they face in their home countries.

Under Biden’s order, some undocumented migrants who express a fear of returning to their home countries may be eligible for other kinds of legal protections – for example, legal protections intended for torture survivors.

In order to get this special legal protection, migrants would have to show U.S. border and immigration officials a lot of evidence outlining the danger they would face in their home countries. They would need to show more evidence than is required for asylum-seekers. Migrants will generally not have this evidence on hand and, as a result, will not receive any kind of legal protection or chance to stay in the U.S.

Over the past decade, including during Biden’s presidency, approximately two-thirds of people who applied for asylum while they were in deportation proceedings were granted asylum or another kind of legal protection that allowed them to stay in the U.S., according to the Transactional Records Access Clearinghouse, a data organization at Syracuse University.

Biden’s order means that many individuals who previously would have been entitled to asylum, per U.S. law, will now be expelled to Mexico or their home countries without the opportunity to apply for asylum.

2. This could lead to a rise in undocumented minors crossing the border solo

Many individuals who reach the U.S.-Mexico border and cross into the U.S. without a visa or an online appointment to meet with U.S. Customs and Border Protection will be quickly turned back and deported to Mexico or returned to their home countries. The U.S. will need cooperation from Mexico to be able to turn back non-Mexican citizens to Mexico. Mexico currently accepts Cuban, Haitian, Nicaraguan and Venezuelan citizens deported from the U.S.

In December 2023, about one-fourth of the migrants apprehended at the U.S.-Mexico border were from Mexico, while another one-fourth were from El Salvador, Guatemala or Honduras. The largest group of apprehended migrants were from other countries, including Venezuela and China.

Biden’s order will not apply to people who are under 18 and cross the U.S.-Mexico border without a parent or guardian. These children will be detained and placed in deportation proceedings where they can seek asylum or other immigration protections.

This creates the risk that desperate parents will send their children alone across the border. This happened from March 2020 through May 2023, when COVID-19-related border restrictions, called Title 42, similarly banned undocumented immigrants crossing the U.S.-Mexico border from seeking asylum. This restriction did not apply to unaccompanied minors. It resulted in a sharp spike in undocumented minors crossing the U.S. southern border from 2020 through 2023.

3. Biden is taking a page out of Donald Trump’s book

Biden is basing this executive order, in part, on an immigration statute called 212(f), which gives the president very broad authority to suspend the entry of certain noncitizens because it would be “detrimental” to U.S. interests.

Former President Donald Trump cited this law when he implemented a travel ban that temporarily suspended the entry of noncitizens from seven countries, including five Muslim-majority countries, in 2017. The U.S. Supreme Court upheld the third version of this ban as being lawful in 2018. Biden reversed the ban in 2021.

4. The executive order won’t be so easy to implement

Biden’s ability to actually reduce the number of migrants who cross the U.S.-Mexico border without a visa or any other kind of authorization will depend on several factors.

The president will need Mexico to accept more deported citizens of different countries in order for the U.S. to swiftly turn away migrants. U.S. Border Patrol and immigration agencies have also been overwhelmed by the large influx of undocumented migrants crossing the border. They cannot easily apprehend and screen all migrants or quickly respond to migrants’ applications to stay in the U.S. in immigration courts, which have a historic and massive backlog.

Quickly processing and deporting migrants back to their home countries will also be an obstacle that could limit the order’s effectiveness. U.S. immigration officials will first need to determine whether someone who states a fear of returning to their country qualifies for other kinds of legal protection that are not asylum.

Deporting a Mexican citizen or a Cuban, Venezuelan, Nicaraguan or Haitian citizen can be done quickly and easily, since Mexico will accept them. Deporting migrants from other countries would require their governments to help them get the necessary travel documents and, in most cases, arrange airplane flights.

Still, Biden’s order may deter many migrants who plan to cross the border in the hopes of being allowed to remain in the U.S. and seek asylum.

This article is republished from The Conversation, a nonprofit, independent news organization bringing you facts and trustworthy analysis to help you make sense of our complex world. It was written by: Jean Lantz Reisz, University of Southern California

Jean Lantz Reisz does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

The post Biden’s Immigration Order Limits Asylum Rights first appeared on BlackPressUSA.

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#NNPA BlackPress

Chavis and Bryant Lead Charge as Target Boycott Grows

BLACKPRESSUSA NEWSWIRE — Surrounded by civil rights leaders, economists, educators, and activists, Bryant declared the Black community’s power to hold corporations accountable for broken promises.

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By Stacy M. Brown
BlackPressUSA.com Senior National Correspondent

Calling for continued economic action and community solidarity, Dr. Jamal H. Bryant launched the second phase of the national boycott against retail giant Target this week at New Birth Missionary Baptist Church in Atlanta. Surrounded by civil rights leaders, economists, educators, and activists, Bryant declared the Black community’s power to hold corporations accountable for broken promises. “They said they were going to invest in Black communities. They said it — not us,” Bryant told the packed sanctuary. “Now they want to break those promises quietly. That ends tonight.” The town hall marked the conclusion of Bryant’s 40-day “Target fast,” initiated on March 3 after Target pulled back its Diversity, Equity, and Inclusion (DEI) commitments. Among those was a public pledge to spend $2 billion with Black-owned businesses by 2025—a pledge Bryant said was made voluntarily in the wake of George Floyd’s murder in 2020.“No company would dare do to the Jewish or Asian communities what they’ve done to us,” Bryant said. “They think they can get away with it. But not this time.”

The evening featured voices from national movements, including civil rights icon and National Newspaper Publishers Association (NNPA) President & CEO Dr. Benjamin F. Chavis Jr., who reinforced the need for sustained consciousness and collective media engagement. The NNPA is the trade association of the 250 African American newspapers and media companies known as The Black Press of America. “On the front page of all of our papers this week will be the announcement that the boycott continues all over the United States,” said Chavis. “I would hope that everyone would subscribe to a Black newspaper, a Black-owned newspaper, subscribe to an economic development program — because the consciousness that we need has to be constantly fed.” Chavis warned against the bombardment of negativity and urged the community to stay engaged beyond single events. “You can come to an event and get that consciousness and then lose it tomorrow,” he said. “We’re bombarded with all of the disgust and hopelessness. But I believe that starting tonight, going forward, we should be more conscious about how we help one another.”

He added, “We can attain and gain a lot more ground even during this period if we turn to each other rather than turning on each other.” Other speakers included Tamika Mallory, Dr. David Johns, Dr. Rashad Richey, educator Dr. Karri Bryant, and U.S. Black Chambers President Ron Busby. Each speaker echoed Bryant’s demand that economic protests be paired with reinvestment in Black businesses and communities. “We are the moral consciousness of this country,” Bryant said. “When we move, the whole nation moves.” Sixteen-year-old William Moore Jr., the youngest attendee, captured the crowd with a challenge to reach younger generations through social media and direct engagement. “If we want to grow this movement, we have to push this narrative in a way that connects,” he said.

Dr. Johns stressed reclaiming cultural identity and resisting systems designed to keep communities uninformed and divided. “We don’t need validation from corporations. We need to teach our children who they are and support each other with love,” he said. Busby directed attendees to platforms like ByBlack.us, a digital directory of over 150,000 Black-owned businesses, encouraging them to shift their dollars from corporations like Target to Black enterprises. Bryant closed by urging the audience to register at targetfast.org, which will soon be renamed to reflect the expanding boycott movement. “They played on our sympathies in 2020. But now we know better,” Bryant said. “And now, we move.”

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The Department of Education is Collecting Delinquent Student Loan Debt

BLACKPRESSUSA NEWSWIRE — the Department of Education will withhold money from tax refunds and Social Security benefits, garnish federal employee wages, and withhold federal pensions from people who have defaulted on their student loan debt.

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By April Ryan

Trump Targets Wages for Forgiven Student Debt

The Department of Education, which the Trump administration is working to abolish, will now serve as the collection agency for delinquent student loan debt for 5.3 million people who the administration says are delinquent and owe at least a year’s worth of student loan payments. “It is a liability to taxpayers,” says White House Press Secretary Karoline Leavitt at Tuesday’s White House Press briefing. She also emphasized the student loan federal government portfolio is “worth nearly $1.6 trillion.” The Trump administration says borrowers must repay their loans, and those in “default will face involuntary collections.” Next month, the Department of Education will withhold money from tax refunds and Social Security benefits, garnish federal employee wages, and withhold federal pensions from people who have defaulted on their student loan debt. Leavitt says “we can not “kick the can down the road” any longer.”

Much of this delinquent debt is said to have resulted from the grace period the Biden administration gave for student loan repayment. The grace period initially was set for 12 months but extended into three years, ending September 30, 2024. The Trump administration will begin collecting the delinquent payments starting May 5. Dr. Walter M. Kimbrough, president of Talladega College, told Black Press USA, “We can have that conversation about people paying their loans as long as we talk about the broader income inequality. Put everything on the table, put it on the table, and we can have a conversation.” Kimbrough asserts, “The big picture is that Black people have a fraction of wealth of white so you’re… already starting with a gap and then when you look at higher education, for example, no one talks about Black G.I.’s that didn’t get the G.I. Bill. A lot of people go to school and build wealth for their family…Black people have a fraction of wealth, so you already start with a wide gap.”

According to the Education Data Initiative, https://educationdata.org/average-time-to-repay-student-loans It takes the average borrower 20 years to pay their student loan debt. It also highlights how some professional graduates take over 45 years to repay student loans. A high-profile example of the timeline of student loan repayment is the former president and former First Lady Barack and Michelle Obama, who paid off their student loans by 2005 while in their 40s. On a related note, then-president Joe Biden spent much time haggling with progressives and Democratic leaders like Senators Elizabeth Warren and Chuck Schumer on Capitol Hill about whether and how student loan forgiveness would even happen.

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VIDEO: The Rev. Dr. Benjamin F. Chavis, Jr. at United Nations Permanent Forum on People of African Descent

https://youtu.be/Uy_BMKVtRVQ Excellencies:       With all protocol noted and respected, I am speaking today on behalf of the Black Press of America and on behalf of the Press of People of African Descent throughout the world.  I thank the Proctor Conference that helped to ensure our presence here at the Fourth Session of the […]

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Excellencies:

      With all protocol noted and respected, I am speaking today on behalf of the Black Press of America and on behalf of the Press of People of African Descent throughout the world.  I thank the Proctor Conference that helped to ensure our presence here at the Fourth Session of the UN Permanent Forum on People of African Descent.
      The focus on AI and digital equity is urgent within the real time realities today where there continues to be what is referred to as the so called mainstream national and international media companies that systematically undergird racism and imperialism against the interests of People of African Descent.
         We therefore call on this distinguished gathering of leaders and experts to challenge member states to cite and to prevent the institutionalization of racism in all forms of media including social media, AI and any form of digital bias and algorithmic discrimination.
            We cannot trust nor entertains the notion that  former and contemporary enslavers will now use AI and digital transformation to respect our humanity and fundamental rights.
              Lastly we recommend that a priority should be given to the convening of an international collective of multimedia organizations  and digital associations that are owned and developed by Africans and People of African Descent.
Basta the crimes against our humanity!
Basta Racism!
Basta Imperialism!
A Luta Continua!
Victory is certain!
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