Migrants still being granted asylum after crossing border illegally — despite Biden tough talk

Migrants are still being approved to seek asylum and given free passes into the US after being caught illegally sneaking into the country, despite the Biden administration claiming they would be ejected and banned for five years, The Post has found.

Multiple sources including front-line border agents and the former mayor of El Paso — a Texas city which has been a flashpoint of the current migrant crisis — said the administration’s tough talk that anyone who turns up at the border requires an appointment made through the CBP One App is all bluster.

“They want to paint the picture that the only way in is with an appointment, but that’s not true,” A US Customs and Border Protection agent based in Texas told The Post.

The agent, who spoke on condition of anonymity, added he sees people arrested for illegally entering the country waved through “all the time.”

On the US side of the border The Post had no trouble finding a dozen migrants who had crossed the border illegally and handed themselves over to border patrol, been interviewed then released with papers to begin the asylum process.

Andres, a Venezuelan migrant who asked we not use his real name, showed his papers confirming he had cleared the initial steps and is now seeking asylum.

He stood among a group of migrants, some who had entered the US with a CBP One Appointment and others, like himself, who had rolled the dice and crossed illegally.

“Look at me, I have the same paperwork as him even though he had an appointment and I didn’t,” Andres said pointing at a fellow migrant who entered the country with a CBP One appointment.

According to President Biden’s new rules introduced in May, Andres should have been kicked out of the US for entering without authorization, marked as ineligible for a special parole program for Venezuelans, and barred from the US for five years.

“If they attempt to cross into the United States unlawfully, they will be returned back to Mexico,” Pres. Biden said Jan. 5 when his administration first announced required use of the CBP One App.

“Do not — do not just show up at the border,” Biden continued. “Stay where you are and apply legally from there.

“If they arrive at our Southern Border, they will meet consequences,” Department of Homeland Security Secretary Alejandro Mayorkas said May 10, adding that some 83,000 migrants had used the app to seek asylum in the first four months of the year.

The Department of Homeland Security have also trumpeted CBP One’s success, saying it has led to less people trying to cross the border and doing so in an orderly fashion. It pointed to border figures from June which showed 144,600 encounters in total.

While about 45,000 of those encounters were with people who had CBP One appointments, 99,500 of them were others who were trying to illegally cross into the US between ports of entry.

When approached by The Post, CBP did not provide a statement about how often migrants who cross into the US illegally are released into the US to seek asylum.

In addition, at least 104,000 asylum-seekers are estimated to be waiting in Northern Mexico for a CBP One appointment.

The Border Patrol agent who spoke to The Post explained even though a migrant may enter the country illegally, if they invoke their right to seek asylum because they “fear being returned to their home country,” the agent can’t legally deny them a credible fear interview —  used to establish if the migrant meets the threshold to apply for asylum.

“We don’t like it, but it’s the law,” the agent explained.

Another migrant encountered by The Post, who didn’t want to be named, said her status as a member of the LGBTQ+ community helped her when it came to getting into the US.

“I crossed illegally, knowing I had an advantage since I’m LGBT,” she said. “I don’t think I would have run the risk if I wasn’t a lesbian,” she added, explaining that in her home country gay people are persecuted, beaten up and sometimes murdered due to their sexual preference.

Andres told immigration officials about direct threats made to his life by gangs in Venezuela.

“They’re called ‘Collectives,’ Andres explained “They’re government gangs that ask for bribes, and they’ll target you if you refuse to pay them. They’ll shoot you in front of your own family.”

In El Paso, well connected former mayor Dee Margo said city officials know migrants without a CBP One app are being allowed into the country.

“They’re aware of what’s going on,” said Margo. “It’s not our problem unless there is a mass release [from CBP custody]. It’s not an impact financially on the city of the El Paso.”

The city, which is still recieving federal money to deal with the migrant crisis, increased its capacity for handling migrants earlier this year. As of Friday 3,000 people were held in CBP custody there. The city’s stats showed it releases around 400 people a day onto the streets.

The Opportunity Center shelter which The Post visited Thursday said it had 109 people staying there, even though it only has space for 85.

Margo stressed how those who enter the country to pursue asylum will be in the country for years before they know if they actually qualify due to major backlogs in immigration courts.

“People just need to understand that once released, even then they have to be determined if they have a valid asylum claim, which won’t be adjudicated for another three to four years,” he stated.

A new border surge could also be coming, after a judge ruled the CBP One app to be unconstitutional this week. Giving the Biden Administration two weeks to appeal in court or the app will no longer be required.

Hours later a group of migrants swarmed a bridge in Eagle Pass, Texas, demanding to be let in, leading to the shutdown of the crossing for over an hour, according to a report in Breitbart.

In American border towns like El Paso the former mayor says the end of the app’s use would usher in chaos as masses of migrants once again rush the border.

“The system is broken and has never been fixed. It’s time for people to contact their congressmen and women and tell them to fix it. Immigration not just a political football,” Margo urged.