Washington DC – Every day, a certain number of immigrants are allowed to enter the United States through its southern border with Mexico.

Everyone has an appointment, filled out the required documents, passed a negative COVID-19 test, and most importantly, has immunity from public health rules, allowing the U.S. government to quickly reject most asylum seekers trying to enter the country .

Fifteen months ago, then President Donald Trump quoted “Heading 42“This is a vague instruction to allow immigrants arriving at the border to be expelled quickly, on the grounds of the necessity to prevent the spread of the coronavirus.

Now, the only way to apply for US asylum at the southern border is to obtain an exemption — immigration advocates say this system violates US immigration laws and fails to address border needs.

“This is a flawed process. This is an exemption from completely illegal procedures,” said Eleanor Acer, head of Human Rights First, a human rights organization based in the United States, referring to Article 42. “It puts NGOs in a very difficult situation, because asylum is the responsibility of the government. Our government should perform these functions.”

Critics say Article 42 is a camouflage Prevent immigrants from coming to the U.S. even though the right to seek asylum is guaranteed international law -Health experts say it has almost no public health reasons.

Immigration advocates have been calling on President Joe Biden, who has been exempted since taking office in January Unaccompanied children Expulsion from Article 42 to completely terminate its use. However, despite the pressure and the steady decline in the number of COVID infections, the Biden administration maintained this measure.

more than 800,000 People already Expelled According to U.S. Customs and Border Protection (CBP) data, since March last year, travel to Mexico or its country of origin under Title 42 has forced many asylum seekers back into danger. Stop many others Try to seek protection.

Two tracks

There are currently two ways to obtain an exemption from Article 42.

The first track allows 35 families to enter each day, starting in late March after the American Civil Liberties Union (ACLU) Prosecute The Biden administration continues to use the directive. Under this plan, the ACLU will collect applications from organizations that directly work with immigrants before submitting them to CBP for consideration.

The second track was launched in May, allowing 250 people deemed “vulnerable” to enter the United States every day to seek compensation. The six humanitarian organizations work as a consortium whose mission is to identify the most vulnerable cases in Mexico. They then submit the application to CBP for final approval.

Central American immigrants awaiting transportation by U.S. Border Patrol personnel after crossing the Rio Grande from Mexico into the U.S. in La Jolla, Texas [Go Nakamura/Reuters]

But that system is temporary.

Melanie Nezer, vice president of public affairs at HIAS, said: “Members of the consortium have agreed to temporarily participate in this process before July, but their understanding is that Article 42 will be cancelled.” Alliance members.

Nezer told Al Jazeera: “This exemption procedure helps some disadvantaged groups by freeing them from direct danger, but it is by no means a solution for most people.”

According to an official familiar with the matter who asked not to be named, since May 3, about 1,500 people have entered the United States through the consortium exemption process.

‘Impossible decision’

According to Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigration Rights Program, according to the criteria set by CBP, it is necessary to determine who is eligible to be a vulnerable group, which puts NGOs in a difficult and unsustainable situation.

“Some people are going through the exemption process, which means it may save lives or avoid serious persecution, but the exemption process is not a substitute for ending Article 42 because everyone needs to be allowed to apply for asylum,” Gallente told Al Jazeera.

“It also means that NGOs need to make impossible decisions about which families are more desperate than others-this is ultimately not a sustainable process,” he said.

Border Angel is a grassroots organization that assists immigrants at the temporary El Chaparral camp outside the border between the United States and Tijuana, Mexico. Its executive director Dulce Garcia said that since April, her organization has helped 273 immigrants enter the United States.

A Honduran woman feeds her daughter in a temporary camp at the El Chaparral border crossing in Tijuana, Mexico, on the border with the United States [Toya Sarno Jordan/Reuters]

But she said that more than 2,000 people, including hundreds of children, still live in dangerous and unsanitary camps. Many people also suffer from serious diseases such as cancer and injuries such as gunshot wounds and require immediate medical attention.

“Some women were abused, some were raped and became pregnant as a result of these abuses. Some people endured kidnapping while waiting,” Garcia told Al Jazeera. “The Biden administration continues to close the door to them, except for these very limited applications, they have no mechanism to apply for asylum,” she said.

‘Question of will’

Biden administration officials argued that Article 42 is necessary to prevent the threat of COVID-19 and stated that the measure will continue to be implemented when necessary, especially considering that the vaccination rate in Mexico and Central America is much lower than that in the United States.

The Secretary of Homeland Security, Alejandro Mayorkas, said at a press conference on immigration law on June 10: “The timetable is determined by public health requirements. It is simple and clear.” This is not a question of immigration policy, but a question of public health requirements.”

Since Biden took office, the number of people arriving at the US-Mexico border has hit a record high in 20 years.In May alone, there were more than 180,000 immigrants Arrested at the border-the vast majority were sent back under Article 42.

Local media reported that 140 people in Ciudad Juarez, Mexico were forcibly detained by human smugglers, and the Mexican police rescued immigrants from Central America. [Jose Luis Gonzalez/Reuters]

The increasing number of arrivals has brought political pressure to Biden because his rivals accused him of canceling Trump’s stricter immigration policies, causing him to flood the border.

Since taking office, Biden has overturned the Trump administration’s directive, which forced more than 65,000 asylum seekers Waiting for their U.S. asylum court date in Mexico, allowing children to travel alone to seek asylum, and halting the construction of the border wall with Mexico, which Trump said will keep immigrants out.

Despite these measures, immigration advocates stated that Biden needs to stop using Article 42, which has already aroused international condemnation.Last month, the United Nations High Commissioner for Human Rights called on the Biden administration End policy And restore the opportunity to obtain asylum.

Currently, there are few signs of whether or when the United States intends to end Title 42 deportations, or what form it will take once the US asylum system is restored. But immigration advocates say that the situation on the border requires the Biden administration to demonstrate the “humane” policy of the US presidential campaign.

“This Title 42 exemption procedure shows that the government does have the ability to deal with people quickly,” said Garcia of Border Angel. “No one knows what the process will look like after Article 42 is cancelled,” she added, “but it is a good pilot program that shows that people can be dealt with quickly. It is just a matter of willingness.”