Border Patrol agents in the Tucson Sector say the number of people they’re taking into custody is way down a month since the Biden administration’s executive order went into effect.
Border Patrol Tucson Sector Deputy Chief Justin De La Torre says agents here are apprehending about 400 migrants a day — down from 1,800 in December. And he says they still have access to asylum.
Biden’s order drastically limits the ability to ask for asylum at the border — despite U.S. law and international agreements requiring that access.
Thousands have been sent back to Mexico or their home countries under the order. Homeland Security Secretary Alejandro Mayorkas told reporters those apprehended do have options.
“If an individual does not agree to voluntary return, and they fail to establish a basis to remain in the United States, then they are subject to removal,” he said.
But De La Torre says the vast majority of apprehended in his sector are sent back to Mexico through expedited removal.
“By and large, everyone who enters unlawfully is going to be placed into expedited removal proceedings. One exception for example is going to be unaccompanied children,” he said.
Voluntary return is given in very rare circumstances, De La Torre said.
According to agency officials, the majority of migrants processed are not given the opportunity to return to their countries voluntarily and instead go through expedited removal, in accordance with the order’s focus on introducing consequences for crossing between ports of entry.
Migrants who are apprehended between ports of entry in Arizona are taken to one of a handful of Border Patrol processing sites — including one soft-sided tent facility in Tucson.
The site holds up to 1,000 people and has capacity for unaccompanied children, families and single adults, according to agency officials.
Those apprehended are processed at Border Patrol facilities and asked to sign documents about their removal and entry bar.
Under the order, migrants who express fear are supposed to be able to speak with an asylum officer to assess their case further.
“Every single day there are people that manifest fear that we’ve identified and they’re afforded the opportunity to speak with CIS and have a credible fear interview,” De La Torre said.
But both migrants and lawyers working along the Arizona-Sonora border report being barred from asking for protection and speaking with an asylum officer, despite expressing fear of returning.
Rights groups have filed suit against the new order, arguing it violates U.S. law that guarantees a person’s right to ask for asylum regardless of how they arrived in the U.S.