Immigration lawyer Zhu Wei stated in an interview on December 4th that based on feedback from clients, recently, illegal immigrants apprehended at the U.S. border are finding it less likely to be released and facing accelerated deportation. Some Chinese individuals, holding visas from France and Spain, attempting to enter the United States through Mexico, are being deported at Mexican airports and unable to enter Mexico.
Following President Biden’s announcement on June 4, 2024, of strict restrictions on asylum seekers entering the country, the Department of Homeland Security and the Department of Justice have also tightened the eligibility criteria for illegal immigrants applying for asylum, raising the standards for “credible fear interviews.” Against the backdrop of a significant number of Chinese individuals attempting to enter the U.S. illegally in recent years, cooperation between the U.S. and China regarding the deportation of illegal immigrants has been reinstated.
Zhu Wei mentioned that in the past, when apprehended at the border, many individuals would be detained for around 24 hours, undergo a booking process (including personal information collection, fingerprinting, photography, identity verification, etc.), and then could be released with a notice to appear in court from the immigration authorities. However, nowadays many individuals fail the “credible fear interview” while in border immigration detention facilities. If the interview is not passed, individuals are not even given the opportunity for bail; instead, they receive a deportation order directly from the immigration court within the detention facility. The speed at which deportation orders are issued at border immigration detention facilities is rapid, creating a different atmosphere compared to before.
Regarding the standards for the “credible fear interview,” Zhu Wei explained that it is based on “discretion” and credibility assessment, with a considerable level of subjectivity. If the officer subjectively believes an individual’s claims, they may be allowed to stay; however, if there is a lack of evidence to support their claims, individuals can be rejected.
If bail is not granted, individuals can still submit an asylum application and have an individual hearing within the immigration detention facility. However, the approval rate is low, and it is technically challenging to gather birth certificates, marriage certificates, and other documents within the 60-day timeline. Failure to pass the individual hearing in the past would still result in release, but nowadays, the chances of being released are decreasing.
Zhu Wei also shared feedback from clients indicating that there has been an increase in deportations from Mexican airports. Individuals holding Spanish or French visas could previously fly to Mexico, where they were allowed entry. However, due to the U.S. request for Mexico’s cooperation in combatting illegal entry into the U.S., there is a rise in deportations of Chinese citizens at Mexican airports, preventing them from entering Mexico.
Translation and interpretation services are available in immigration detention facilities and immigration courts. Zhu Wei advised that regardless of the situation, individuals should understand what they are signing before deciding whether to sign or not. This is basic common sense.