There has been no change in basic immigration legislation, and the media reaction to the White House’s statements about “completely closing the doors of the United States” for asylum seekers is just speculation, Skylex immigration lawyer Mikhail Arsentiev told RTVI.US. The specialist explained that the law under which a person has the right to ask for protection remains in effect as before. The expert also spoke about the risks of obtaining temporary protection status and dispelled myths about Washington’s migration policy.
As RTVI.US reported, last week White House Deputy Chief of Staff Stephen Miller said that “the doors of the United States are completely closed to asylum seekers,” and all relevant requests at the southwestern border were declared invalid. However, as the lawyer clarifies, this is not about reforming the right to asylum, but about establishing order at the state border.
The administration of US President Donald Trump is legalizing and strictly enforcing a practice that is already actually working on the ground, the lawyer says. The changes will affect only one category – those who are trying to cross the southern border of the United States from Mexico without entry documents, the expert adds.
“Panic is premature. The Supreme Court confirmed an obvious and logical rule that is valid all over the world (in Poland, Australia, China or the UAE): if a person does not have documents for entry, the state has every legal right not to allow him to approach its border,” notes Arsentiev.
Under previous President Joe Biden's administration, there was a temporary practice in which an undocumented person was allowed to cross the border on an asylum application and issued a subpoena. Now this practice is finally becoming a thing of the past, the lawyer emphasizes.
“The period of the last three years, when an unprecedented flow of people crossed the border, was an anomalous exception rather than the rule. Today this channel is blocked. It is no longer possible to count on being able to easily enter the United States through Mexico without a visa. The border is locked,” the lawyer said.
There are no separate restrictions or, conversely, preferences for citizens of any countries in the new rules, Arsentyev adds. The issue of allowing undocumented people across the border was put to rest by the resonant verdict of the Supreme Court in the Mullin v. case. Al Otro Lado, says the lawyer.
The lawsuit pitted current Homeland Security Secretary Markwayne Mullin against Al Otro Lado, an organization that represented the collective class of asylum seekers. The court sided with the authorities, confirming that the actions of the border guards, who did not allow people without documents even to the territory of the checkpoint, were lawful.
“For those already inside the US, these changes do not pose any risks at all. This is the most important point, which is distorted in the press and which people are unreasonably afraid of,” Arsentiev emphasized.
If a person has already crossed the border, is in the country and has filed a case for asylum, his case will be considered in the standard manner by the immigration court or USCIS, the lawyer explains. At the examination stage, the applicant's country of origin is of key importance.
The court will assess the level of democracy, persecution on political, religious or social grounds in a particular state. If the grounds are compelling, the person will receive status “under any administration and any rules at the border,” Arsentiev notes.
Separately, the lawyer mentioned confusion in the media regarding the basic right to asylum and temporary humanitarian programs such as TPS (Temporary Protected Status). This temporary status was never intended to be a long-term solution. It does not open an independent path to a green card, and “being on it for at least 20 years does not create any advantage” when applying for a residence permit, the expert adds.
“The main mistake of most TPS holders is passively waiting for the next extension. Cancellation of the program does not mean immediate deportation the next day, but the person instantly loses his authorized status and becomes an illegal immigrant,” explains the lawyer.
There is also a common myth that the choice comes down only to asylum or marriage to a US citizen, but in American law there are more than 17 immigration categories for legalization, the specialist emphasizes. While TPS status is active, a person has the legal right and time to safely switch to other visa regimes. The lawyer, in particular, mentioned EB-1 worker green cards for persons with extraordinary abilities, EB-3 for skilled and unskilled workers. There are also E-2 visas for investors and entrepreneurs and R-1 for religious figures.
According to Arsentiev, potentially, everyone who legally works for an American employer has a basis for obtaining permanent status. He calls the temporary protection period “not just a protective shield,” but a “strategic window of opportunity” for a smooth transition to independent immigration programs.
