The Latin American Report # 24: A special edition on inmigration

So, this case is no different. The "fine print" of the amendments and additions to the CFR still leaves an opportunity, a hope for the irregular migrant, even if they fail to rebut the presumption of ineligibility that will apply to all those crossing the border without documentation that qualifies them for legal admission.

_{Hundreds gather in Colombia, at the very beginning of the deadly trip through the Darién Gap, en route to Panamá, dreaming to reach the U.S. (Source).}

The exceptions to the presumption of ineligibility are as follows:

• The alien was an unaccompanied child; and
  

• The alien or a member of the alien’s family also traveling: 1) was authorized to arrive and seek parole; 2) presented at a port of entry, under a pre-scheduled time and place (via CBPOne), or if the alien strongly demonstrates that it was not possible to use CBPOne because of language barrier, illiteracy, relevant technical failure, and other issues; or 3) sought asylum in a third country and was denied the benefit.
  

To rebut the presumption of ineligibility, the migrant or a member of the family also arriving must meet one of the following three criteria:

• Faced an acute medical emergency;
  

• Faced an extreme and imminent threat to their life or safety, such as an imminent threat of rape, kidnapping, torture, or murder; or
  

• Were a victim of a severe form of trafficking, as defined in 8 CFR § 214.11.
  

_{An Immigration Detainer form taken at a detention facility (Credit: U.S. Immigration and Customs Enforcement. Public Domain, Source).}

If the migrant fails to rebut the presumption of ineligibility, the asylum officer in charge will record a negative credible fear determination, and then assess whether the migrant may be subject to persecution —on account of race, religion, nationality, adherence to a particular social group, and political opinion— or torture in the country to which he or she is likely to be returned. If positive, DHS will issue a Form I-862, Notice to Appear. If not, a written decision will be delivered, which can still be reviewed if the alien so desires with an immigration judge, who will validate the asylum officer's findings.

What's happening and what can we expect?

Almost 48 hours after the order expired, the sharp increase in arrivals at the southern border did not occur, to the benefit of the administration, although people continue the effort coming from Venezuela, Colombia, El Salvador, Honduras, Ecuador, Cuba, Mexico, and Nicaragua mainly because they still believe they will qualify somehow. They are not without reason, from the economic perspective —which above all defines Cuban emigration, although it has nothing to do with the asylum application process—, to that of security, which I see very accentuated for example in Ecuador, with several cases reporting that they leave the country to flee the deadly extortions of the gangs there (others bring their evidence on skin, like Lupita).

Now Mexico is denying the documentation it used to give migrants to stay there for 30 days, which they used to reach north. It is one more obstacle, but we will see how much it will discourage. South of "America" things have probably never been worse in the last twenty years, and only a concentrated and integral effort tackling the roots of this migration crisis, which are also historical, will restore dignity. Thank you for reading this far, and I wish you an excellent day, especially to all mothers on this special Sunday. See you next time!

_{Edited with Canva.}