The Biden administration increases border deportation and prosecutions at the southern border with Mexico

Deportations and criminal prosecutions

In an attempt to help deter the heavy influx of migrants from Central America at the U.S.’s southern border with Mexico, the Biden administration is now increasing deportations of migrants who illegally cross into the U.S. In addition, migrant adults who have been found trying to illegally enter the U.S. after they have been deported will face criminal prosecution that will bar them permanently from ever entering the United States.

Migrants adults and families who can not be granted asylum and who also can’t be deported to Mexico under the public health authority known as Title 42, are now being flown back to Central America or Southern Mexico on ‘expedited removal flights’.

Under Title 42, the U.S. government removes any migrants who have recently been in a country where a communicable disease, like Covid-19, was present. In February of 2021, the Mexican government stopped accepting non-Mexican families with minor children who were deported back to Mexico under Title 42. As a result, the U.S. has carried out six expedited removal flights to Central America carrying with them 242 migrant parents and children. Families can be placed in expedited removal proceedings if they do not pass the U.S. asylum officers’ interview to determine that there is sufficient evidence to prove that they would be harmed if returned to their home countries.

Overcrowded facilities and an overwhelmed system

The Biden administration is facing a crisis at the Southern border with Mexico as more and more migrants are looking to either enter the U.S. illegally or are coming in an attempt to seek asylum from the gang violence plaguing their home countries. Amongst the influx of migrants includes a surge of unaccompanied children who are under 18 years old.

The increased number of migrants is starting to overwhelm Border Patrol facilities who are now under limited capacity. Coupled with the overcrowding is a growing fear of rising coronavirus infections, particularly those infected with the Delta variant.

Expedited deportation and criminal prosecutions seem to be in direct contract to the Biden administration’s immigration policies. Upon taking office in January 2021, President Biden vowed to focus on expanding asylum capacity, ending the previous Trump administration’s immigration restrictions, and expediting the processing of unaccompanied children. However, ending the Trump administration’s previous policies is proving to be more difficult than expected.

Biden’s new policy changes helped to lead to the dramatic surge of migrants at the border who now believe they are more likely to enter the U.S. now. As a result of the influx, the U.S. asylum system at the border is starting to become overwhelmed with asylum seekers, which in turn is making it difficult to house migrants and process claims.
However, unaccompanied children who have been apprehended at the border are exempt from Title 42 deportations and most migrant families have been allowed to seek asylum and temporarily stay in the U.S. This has led to some parents sending their children alone to the border in the hopes that they will be accepted in the U.S. for humanitarian reasons.

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