President Biden signed Presidential Proclamation 10773 to temporarily suspend and limit the entry of certain noncitizens at the southern border because there were high numbers of encounters straining the U.S. immigration system, and the Departments of Homeland Security and Justice issued an interim final rule that limits asylum eligibility and further enhances consequences at the border. Subsequently, President Biden amended Presidential Proclamation 10773’s threshold calculations pursuant to the Presidential Proclamation of September 27, 2024, and the Departments of Homeland Security and Justice issued a final rule implementing changes that parallel those made in the September 27 Proclamation.

This suspension and limitation on entry and associated measures will apply until 14 calendar days after there has been 28-consecutive-calendar-days of a 7-consecutive-calender-day average of less than 1,500 encounters. The suspension and limitation on entry will continue to, or again, apply if there has been a 7-consecutive-calendar-day average of 2,500 encounters or more.

The Interim Final Rule made three key changes to processing under Title 8 immigration authorities during periods of high border encounters when the provisions of the Proclamation are in effect.

• First, noncitizens who cross the southern border unlawfully or without authorization, and who are not excepted from the Proclamation, are generally ineligible for asylum, absent exceptionally compelling circumstances.
• Second, noncitizens who cross the southern border, who are not excepted from the Proclamation, and are processed for expedited removal will only be referred for a credible fear screening with an Asylum Officer if they manifest or express a fear of return to their country or country of removal, a fear of persecution or torture, or an intention to apply for asylum.
• Third, the U.S. continues to adhere to its international obligations and commitments by screening individuals who manifest or express a fear as noted above, but who do not qualify for the exceptionally compelling circumstances exception to the Rule, for withholding of removal and Convention Against Torture protections at a reasonable probability of persecution or torture standard – a new, substantially higher standard than is applied under the Circumvention of Lawful Pathways rule.

What this Means for Intending Migrants

As of June 5, 2024, U.S. immigration enforcement and asylum procedures across the southern border are more strict. Our message remains: Migrants should use safe, lawful, and orderly pathways to come to the United States.

Noncitizens whose entry is suspended, including those who cross unlawfully between ports of entry instead of using a lawful pathway will generally, not be eligible for asylum and face a higher screening standard for other forms of protection. Noncitizens who do not establish a legal basis to remain in the United States will:

• be promptly removed to their home country or a third country,
• face at least a 5-year bar on re-entry, and
• confront possible criminal charges for a subsequent unlawful reentry.

Crossing the United States’ border between the ports of entry is dangerous and illegal. Migrants face many dangers along the journey. Smugglers, criminals, cartels, and bad actors prey on vulnerable migrants, who risk kidnapping, extortion, and other threats to their personal safety. The terrain is hazardous, risking medical issues like injuries, heat stroke and dehydration, or drowning. Migrants should not put themselves or their family at grave risk. Migrants who are caught crossing the border unlawfully will face arrest, likely detention, and removal from the United States by the Department of Homeland Security. Migrants can face significant consequences: removal from the United States, a five-year bar to return to the US, and potential additional criminal penalties for a subsequent unlawful reentry that remain on their permanent record for years.

Limited Exceptions

The suspension and limitation on entry does not apply to noncitizens who use a lawful, safe, and orderly process for the entry into the United States—including the CBP One mobile application’s appointment scheduling function. Noncitizens may continue to seek an appointment to present themselves in a safe and orderly manner at a designated southwest border land port of entry by using the CBP One™ mobile app.

In addition, the Proclamation and rule do not apply to lawful permanent residents, other noncitizens with a valid visa or other lawful permission to enter the United States, unaccompanied children, and victims of a severe form of human trafficking.

The following chart provides the dates that the Proclamation and Securing the Border Rule provisions applied.

Related Links

• September 30, 2024: FACT SHEET: Joint DHS-DOJ Final Rule Issued to Restrict Asylum Eligibility for Those Who Enter During High Encounters at the Southern Border
• July 24, 2024: FACT SHEET: President Biden’s Presidential Proclamation and Joint DHS-DOJ Interim Final Rule Cut Encounters at Southwest Border by 55 Percent
• July 16. 2024: Fact Sheet: President Biden’s Presidential Proclamation and Joint DHS-DOJ Interim Final Rule Cut Encounters at Southwest Border by Over 50 Percent in Six Weeks
• June 25, 2024: Fact Sheet: President Biden’s Presidential Proclamation and Joint DHS-DOJ Interim Final Rule Cut Encounters at Southwest Border by Over 40 Percent in First Three Weeks
• June 4, 2024: Fact Sheet: Presidential Proclamation to Suspend and Limit Entry and Joint DHS-DOJ Interim Final Rule to Restrict Asylum During High Encounters at the Southern Border
• June 4, 2024: Fact Sheet: DHS Continues to Strengthen Border Security, Reduce Irregular Migration, and Mobilize International Partnerships
• June 4, 2024: Statement of Alejandro N. Mayorkas on the Biden-Harris Administration’s Executive Action to Strengthen Border Security

For additional information on the Federal Government response to Secure the Border, please visit the official newsroom on CBP.gov or ICE.gov.

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