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"It was never about 'legal' immigration, but always about upholding white supremacy," said one human rights lawyer.
In yet another Trump administration attack on migrants, the U.S. Department of Homeland Security on Monday announced that nearly 1 million migrants who entered the country legally using a Customs and Border Protection mobile application must leave "immediately" or face consequences including potential criminal prosecution.
DHS notified migrants who were granted temporary parole protection after entering the country using the CBP One app—which was launched by the Biden administration in 2020 and upgraded in 2023—that "it is time for you to leave the United States."
The department "mis now exercising its discretion to terminate your parole," the agency said in an email to affected—and more than 200,000 unaffected—migrants. "Unless it expires sooner, your parole will terminate seven days from the date of this notice."
"If you do not deport from the United States immediately you will be subject to potential law enforcement actions that will result in your removal," the notice continues. "You will be subject to potential criminal prosecution, civil fines, and penalties, and any other lawful options available to the federal government."
"DHS encourages you to leave immediately on your own," the notice stresses, providing a link to a new app—called CBP Home—containing "a self-deportation reporting feature for aliens illegally in the country."
"Do not attempt to remain in the United States. The federal government will find you," DHS ominously added.
Approximately 985,000 migrants used the problem-plagued CBP One app to schedule appointments with U.S. immigration officials when arriving at ports of entry and were generally permitted to remain in the country for two years with work authorization.
However, DHS claimed Monday that "the Biden administration abused the parole authority to allow millions of illegal aliens into the U.S. which further fueled the worst border crisis in U.S. history."
"Canceling these paroles is a promise kept to the American people to secure our borders and protect national security," the agency added.
President Donald Trumpended new CBP One entries on January 20, his first day in office, via executive order, a move that left thousands of vulnerable migrants stranded in Mexico after their immigration appointments were canceled.
Monday's announcement does not affect people who entered the U.S. under Operation Allies Welcome for Afghans or the Uniting for Ukraine program—although more than 200,000 Ukrainian beneficiaries last week received a separate jarring email mistakenly informing them that their status had been revoked.
The new policy also "should not immediately affect migrants who entered via CBP One and applied for asylum and have pending cases in immigration court," according toCBS News immigration and politics reporter Camilo Montoya-Galvez, who noted that "the government generally has to wait for those cases to be adjudicated or terminated before moving to deport."
More than 500,000 Cuban, Haitian, Nicaraguan, and Venezuelan migrants who entered the country via the CBP One app with U.S.-based financial sponsors are also bracing for the loss of their protected status on April 24. Additionally, the Trump administration announced the revocation of Temporary Protected Status (TPS) for over 1 million Haitian and Venezuelan migrants.
However, on March 31 a federal judge in San Francisco blocked the administration's effort to expel 350,000 Venezuelan TPS recipients, finding that the deportations were "motivated by unconstitutional animus" and would "inflict irreparable harm" upon affected migrants.
Critics have accused the Trump administration and its supporters of reveling in the cruelty inherent in forcibly removing migrants.
Proponents, meanwhile, say Trump is keeping his promise to carry out the largest mass deportation campaign in U.S. history—even as statistics show that the Biden administration deported people at a faster rate last year.
Migrants and other immigrants, including those who legally sought asylum in the United States—at least one of whom was wrongfully expelled—are being sent by the Trump administration to destinations including a camp in the Panamanian jungle and an ultra-high security prison in El Salvador.
Advocacy groups argue that such deportations are unlawful and violate deportees' rights. Human Rights Watch has documented cases of "torture, ill-treatment, incommunicado detention, severe violations of due process, and inhumane conditions, such as lack of access to adequate healthcare and food" in Salvadoran prisons.
Responding to Monday's DHS announcement, U.S. human rights attorney Qasim Rashid noted on social media that "985K migrants entered [the] USA through legal means during the previous administration."
"Trump just unilaterally revoked their legal status," Rashid added. "It was never about 'legal' immigration, but always about upholding white supremacy. This man is a fascist."
Allen Orr Jr., a Washington, D.C.-based immigration lawyer, lamented Tuesday that "migrants who followed the rules and entered legally through CBP One are now being punished."
"Not because they broke the law, but because of who granted them the benefit," he added. "This isn't about security; it's about revenge."
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," said one migrant rights advocate.
Immigrant rights advocates on Thursday slammed the Biden administration's proposal to fast-track the rejection of certain migrants seeking asylum in the United States.
On Thursday the U.S. Department of Homeland Security (DHS) proposed a rule that would empower immigration officials to disqualify certain asylum-seekers during their initial eligibility screening—called the credible fear interview (CFI)—using existing national security and terrorism-related criteria, or bars.
DHS said the rule would apply to noncitizens who have "engaged in certain criminal activity, persecuted others, or have been involved in terrorist activities."
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation."
Homeland Security Secretary Alejandro Mayorkas called the proposed rule "yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here."
However, Greg Chen, senior director of government relations for the American Immigration Lawyers Association, argued that while "bars are an important feature of our immigration laws to ensure that dangerous individuals are not allowed into the country," they must be "accurately applied where warranted."
"This change could make the process faster by excluding people who would not be entitled to stay," he noted. "However, due process will likely be eroded by accelerating what is a highly complex legal analysis needed for these bars and conducting them at the preliminary CFI screening."
As Chen explained:
At that early stage, few asylum seekers will have the opportunity to seek legal counsel or time to understand the consequences of a bar being applied. Under the current process, they have more time to seek legal advice, to prepare their case, and to appeal it or seek an exemption. Ultimately to establish a fair and orderly process at the border, Congress needs to provide the Department of Homeland Security with the resources to meet its mission and also ensure the truly vulnerable are not summarily denied protection without due process.
Democratic lawmakers—some of whom held a press conference Wednesday on protecting undocumented immigrants in the U.S.—also criticized the proposal.
"As the Biden administration considers executive actions on immigration, we must not return to failed Trump-era policies aimed at banning asylum and moving us backwards," said Sen. Alex Padilla (D-Calif.), referring to former Republican President Donald Trump, the presumptive 2024 GOP nominee to face President Joe Biden in November.
"I urge President Biden to embrace our values as a nation of immigrants and use this opportunity to instead provide relief for the long-term immigrants of this nation," he added.
One year ago, critics accused Biden of "finishing Trump's job" by implementing a crackdown on asylum-seekers upon the expiration of Title 42—a provision first invoked during Trump administration at the onset of the Covid-19 pandemic and continued by Biden to expel more than 1 million migrants under the pretext of public safety.
Earlier this week, the advocacy group Human Rights First released a report detailing the harms of the policy on its anniversary. The group held a press conference to unveil the report and warn of the dangers of further anti-migrant policies.
"The interviews with hundreds of asylum-seekers make clear that the asylum ban and related restrictions strands in danger children and adults seeking asylum, punishes people for seeking protection, leads to the return of refugees to persecution, spurs irregular crossings, and denies equal access to asylum to people facing the most dire risks," Human Rights First director of research and analysis of refugee protection Christina Asencio said during the press conference.
"The Biden administration and Congress must not erect any more unjust barriers to asylum that will sow further disorder and result in irreparable harm," Asencio added.
On Wednesday, three advocacy groups—Al Otro Lado, the Civil Rights Education and Enforcement Center, and the Texas Civil Rights Project—sued the federal government on behalf of noncitizens with disabilities seeking more information regarding CBP One, the problem-plagued Customs and Border Protection app migrants must use to schedule asylum interviews at U.S. ports of entry.
"We have and continue to see migrants with disabilities facing unlawful discrimination and unequal access to the asylum process due to the inaccessibility of the app," said Laura Murchie, an attorney with the Civil Rights and Education Enforcement Center involved in the case.
"CBP needs to release these documents so we can advocate for and ensure compliance with the law so asylum-seekers with disabilities do not continue to be harmed by CBP's disregard for rights that are guaranteed by federal disability law," she added.