The order restores the ability of migrant families to cite fear of persecution and torture as a path to seeking protection in the United States.
A court order recently issued by a federal judge in Washington, DC, grants migrant families a means of entering the United States despite the public health policy measure known as Title 42, which has prevented more than 2 million migrants from entering the country since the start of Covid-19.
The new guidance issued to Customs and Border Protection (CBP) went into effect at 12:01 a.m. on Monday, according to documents obtained by NBC News. It states that if CBP officers notice that at least one family member displays a verbal or nonverbal «manifestation of fear» of being deported, they must be released into the U.S. with a court date or referred to an asylum officer who can «determine whether the non-citizen is more likely to be persecuted or tortured in the country to which they would be deported.”.
It is unclear whether asylum officers will allow migrant families to apply for asylum, which comes with more protections such as work authorization, or only the protections afforded by the Convention Against Torture, said Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU) representing the migrant families in the D.C. Circuit Court. To qualify for protections under the Convention Against Torture, a migrant must demonstrate that they are likely to be tortured if returned to their country of origin.
A spokesperson for the U.S. Department of Homeland Security said that families who do not qualify for asylum and are not removed under Title 42 will be processed for deportation.
Information taken from: NBC News