Securing the Border
Presidential Proclamation and Rule
Border Status
Entry Suspended for Certain Noncitizens as of June 5, 2024, per Presidential Proclamation
President Biden has signed a Presidential Proclamation to temporarily suspend the entry of certain noncitizens at the southern border because there are high numbers of encounters, and the Departments of Homeland Security and Justice issued an interim final rule that restricts asylum eligibility and further enhances consequences at the border.
This suspension of entry and associated measures will apply until 14 calendar days after there has been an average of less than 1,500 encounters over a 7-day period. The suspension of entry will continue to, or again, apply if there has been a 7-day average of 2,500 encounters or more.
The rule makes three key changes to current processing under Title 8 immigration authorities during periods of high border encounters:
- First, noncitizens who cross the southern border unlawfully or without authorization will generally be ineligible for asylum, absent exceptionally compelling circumstances and unless they are excepted by the Proclamation.
- Second, noncitizens who cross the southern border and are processed for expedited removal while the limitation is in effect 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. will continue to adhere to its international obligations and commitments by screening individuals who manifest a fear as noted above and do not qualify for an 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 currently 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. Noncitizens whose entry is suspended, including those who cross unlawfully between ports of entry instead of using a lawful pathway, and do not establish a legal basis to remain in the United States, will:
- generally, not be eligible for asylum,
- be removed to their home country or a third country,
- face at least a 5-year bar on re-entry, and
- confront possible criminal charges.
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 that are caught crossing the border unlawfully will face arrest, detainment, 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 that remain on their permanent record for years. Our message remains: migrants should not put themselves or their family at grave risk. Migrants should use lawful pathways to come to the United States.
Limited Exceptions
The suspension and limitation on entry will not apply to noncitizens who use an appropriate process for the safe and orderly entry of noncitizens into the United States—including the CBP One mobile app—to enter the United States at a port of entry. Noncitizens may continue to seek an appointment to present for inspection at a port of entry by using the CBP One mobile app.
In addition, the Proclamation and rule will not apply to lawful permanent residents, unaccompanied children, victims of a severe form of trafficking, and other noncitizens with a valid visa or other lawful permission to enter the United States.
The following chart provides the dates that the Proclamation and Securing the Border Rule provisions applied.
| Start Date | End Date |
|---|---|
| June 5, 2024 at 12:01AM EDT | To be announced |
Related Links
- 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
Frequently Asked Questions
While the measures in the Interim Final Rule, Securing the Border apply, noncitizens who enter across the southern border without authorization will be ineligible for asylum unless they demonstrate that an exceptionally compelling circumstance exists, including severe trafficking or acute medical distress.
Noncitizens subject to the suspension and limitation under the Proclamation will also be subject to consequences under the Immigration and Nationality Act, including, if removed, at least a five-year bar for reentry.
Yes, noncitizen families who enter across the southern border without authorization while entry is suspended and are not described in an exception to the Proclamation are subject to the provisions of the rule. Unaccompanied children are exempt from expedited removal proceedings and excepted from the suspension of entry.
The CBP One mobile app remains available to schedule appointments for noncitizens to present themselves at a port of entry. The CBP One mobile app and the Advance Submission and Appointment Scheduling process are free to use. Noncitizens who seek to travel to the United States may use the CBP One mobile app to submit information in advance and schedule an appointment to present themselves at certain southwest border land ports of entry. For more information, please visit, https://www.cbp.gov/about/mobile-apps-directory/cbpone.
In response to historic global migration and displacement, the Administration has acted to strengthen consequences for those noncitizens entering the United States without authorization in violation of the Presidential Proclamation, while overseeing a historic expansion in access to lawful pathways and processes. These measures include the parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela; increased access to the U.S. Refugee Admissions Program through the Safe Mobility Initiative; and through new and modernized Family Reunification Parole processes for eligible noncitizens from El Salvador, Guatemala, Honduras, Colombia, Cuba, and Haiti, making it easier to be reunited with family in the United States. The CBP One mobile app also makes it possible for certain noncitizens to request an appointment to present themselves in a safe and orderly manner at a designated southwest border land port of entry.