U.S. border control agents have been instructed to stop deporting immigrants based on Donald Trump’s asylum ban, according to two Department of Homeland Security (DHS) officials who spoke to CBS News, after a federal court ruled that this measure could not be used to completely suspend humanitarian protections guaranteed by U.S. law.
This decision marks a major turning point in the implementation of the second Trump administration’s migration policy, which had until then invoked this ban to quickly deport migrants who entered U.S. territory illegally, without allowing them to file asylum claims. The presidential decree had been signed as soon as Mr. Trump returned to the White House in January.
According to the two DHS officials, who spoke anonymously due to the internal nature of the directive, Customs and Border Protection (CBP) agents were officially informed of this change over the weekend. They are now required to process migrants under U.S. immigration law, which allows anyone on American soil to seek humanitarian protection.
On Friday, a federal appeals court lifted the stay of a lower court ruling that found Trump’s decree violated U.S. asylum laws. While the court acknowledged that the executive branch could temporarily restrict access to the asylum system, it also ruled that the administration could not ignore legal provisions prohibiting the return of migrants to countries where they would risk persecution or torture.
These protections- notably withholding of removal and the United Nations Convention Against Torture-require the United States not to deport people to countries where their lives would be in danger, even if they are not eligible for asylum. Unlike asylum, these statuses do not offer a path to permanent residency and do not prevent deportation to a safe third country.
The policy shift ordered by DHS means that migrants will once again be processed under regular procedures, including expedited removal, which allows for swift deportation at the border while still permitting migrants to file asylum claims if they express a credible fear of persecution.
According to CBS News, authorities had been using the decree to carry out rapid expulsions to Mexico, migrants’ countries of origin, or third-party states, in what officials internally referred to as “212(f) repatriations,” referencing the article cited in the presidential text.
Despite the lifting of this policy, migrant detention is expected to continue while their claims are being processed. The Trump administration has ended the policy of parole for asylum seekers, which previously allowed them to await their hearings while free on U.S. territory. Now, only certain cases deemed exceptional qualify for release.
Since Donald Trump’s return to power, federal authorities have observed a significant decrease in illegal entries at the southern border. In July, the Border Patrol reported only 4,600 apprehensions, a historically low figure. For comparison, the Biden administration sometimes recorded this volume in a single day, CBS News highlighted.
This decline continues a trend that began at the end of the previous term, particularly after Joe Biden signed a decree in June 2024 limiting asylum access, accompanied by enhanced cooperation with Mexico to intercept migrants heading toward the United States.
In a statement provided to CBS News on Monday evening, Customs and Border Protection (CBP) assessed that Friday’s court ruling confirmed “the president’s authority to deny asylum to aliens participating in an invasion of American territory.”
The agency added: “The Trump administration is committed to ensuring that foreign nationals who illegally enter the United States face consequences for their criminal actions. This includes prosecution to the fullest extent of the law and their swift deportation.”
CBP clarified that it would continue processing unauthorized individuals according to existing laws, including mandatory detention and expedited removal procedures.
According to CBS News, the Department of Justice might petition the Supreme Court to attempt to suspend the appeals court’s decision and reinstate Donald Trump’s asylum ban.
https://ctninfo.com/?p=35936&preview=true
Follow CTN on Facebook, YouTube, X
@ctn_caribbeantelevision
