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This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.

Subject to certain exceptions, as of June 5, 2024, President Biden has “suspended and limited” entry into the United States of certain noncitizens across the southern border. In related remarks accompanying a Presidential Proclamation, President Biden said, “Migrants will be restricted from receiving asylum at our southern border unless they seek it after entering through an established lawful process.”

Exceptions include lawful permanent residents, noncitizen nationals of the United States, noncitizens with valid visas or other lawful permission to enter, noncitizens traveling under the Visa Waiver Program, unaccompanied children and others, as set forth in the Presidential Proclamation.

The order will be lifted “14 calendar days after the [Secretary of Homeland Security] makes a factual determination that there has been a seven-consecutive-calendar-day average of less than 1,500 encounters” of unauthorized noncitizens at the border, with some exceptions. The suspension and limitation on entry applies “on the calendar day immediately after the Secretary has made a factual determination that there has been a seven-consecutive-calendar-day average of 2,500 encounters or more,” a threshold that has been met.

Lee Gelernt, a spokesperson for the American Civil Liberties Union (ACLU), said the ACLU plans to sue. A ban on asylum is illegal just as it was when Trump unsuccessfully tried it,” he said.

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