Immigrants seeking asylum close to Yuma, Arizona
Immigrants seeking asylum close to Yuma, Arizona Photo by Mario Tama/Getty Images

The Trump administration has reportedly instructed U.S. border agents to immediately deport migrants crossing the U.S.-Mexico border without granting them asylum hearings.

Hours after his inauguration, President Trump invoked his presidential powers to bar the entry of migrants he deemed part of an "invasion" or a public health or national security risk. Citing Section 212(f) of the Immigration and Nationality Act, Trump invoked his constitutional authority to prevent the entry of individuals deemed harmful to U.S. interests, including migrants crossing the southern border, CBS News reported.

Internal documents and agency officials told the outlet that as of Tuesday night the new policy was being applied in Texas, with nearly all migrants arriving in the area subject to immediate expulsion . The directive also extends to U.S. border sectors in Florida and along the U.S.-Canada border, where Canadian authorities are being asked to accept those who cross illegally.

Border agents have been also instructed to detain and deport both migrant families and individuals. Migrants will not have the chance to meet with an immigration judge or asylum officer, according to two Customs and Border Protection officials who spoke to the outlet on the condition of anonymity. The policy mirrors elements of the controversial Title 42 order, which was used during the COVID-19 pandemic to quickly expel migrants based on public health concerns.

For migrants who are not from Mexico, detention will be required pending deportation. Mexican officials have not issued a clear policy regarding whether they will take in deportees from third countries, but President Claudia Sheinbaum said in early January that while "there will be time to speak with the United States government if these deportations really happen," in the meantime her government will "receive them here properly and we have a plan."

While those with criminal backgrounds will face prosecution, releases into the U.S. have been largely prohibited, with exceptions only for life-threatening situations.

Trump's administration also terminated the use of the CBP One app, which previously allowed up to 1,450 migrants per day to schedule legal entry into the U.S. at official border crossings. An advocate for migrants in Coahuila said 3,000 appointments were already scheduled when the app shut down.

The move has sparked legal concerns, with advocates arguing it violates domestic and international laws protecting migrants fleeing persecution. Lee Gelernt of the ACLU criticized the policy, saying, "This order ends asylum at the United States border for anyone fleeing danger, even for families persecuted on the basis of their religion or political speech."

Trump is also considering a significant escalation of military presence along the U.S.-Mexico border, potentially deploying as many as 10,000 soldiers to boost its efforts to crack down on unlawful immigration.

Another maneuver by the current administration has been the resumption of border wall construction along the U.S.-Mexico border, relaunching a signature, multi-billion dollar initiative from Trump's first term.

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