Migrant advocates and shelter operators in Nogales, Sonora are bracing for the impact of 10 executive orders signed within hours of President Donald Trump鈥檚 Monday inauguration, including a declaration of an 鈥渋nvasion鈥 at the southern border and the cancelation of the 鈥淐BP One鈥 phone application, effectively ending access to asylum in the U.S.
Advocates say Trump鈥檚 cancelation of the Biden administration鈥檚 CBP One scheduling system has left tens of thousands of vulnerable migrants in Mexico without a legal path to protection. Would-be asylum seekers have been checking the cell-phone app every day from Mexico, hoping to secure an appointment at a U.S. port of entry using the Biden administration鈥檚 required protocol.
Many have waited nearly a year for an appointment through the app鈥檚 lottery system, only to see their hopes dashed with the stroke of a pen on Monday, advocates say.
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An estimated 30,000 existing CBP One appointments at U.S. ports of entry were canceled by Trump鈥檚 鈥淪ecuring Our Borders鈥 , said Laura Belous, managing attorney for the Florence Immigrant and Refugee Rights Project.
Without access to the app, asylum seekers in Mexico basically have no way forward, said Joanna Williams, executive director of the binational migrant-aid nonprofit Kino Border Initiative. At KBI鈥檚 shelter in Nogales, Sonora, some asylum seekers report waiting seven months for an appointment through CBP One, she said.
鈥淔amilies want to, quote-unquote, 鈥榙o it the right way,鈥欌 Williams said. But now, 鈥渢here isn鈥檛 a pathway for them. It feels like a final nail in the coffin in some ways for our access to protection.鈥
Since January 2023, more than 900,000 people have received appointments through CBP One, allowing them to enter the U.S. at a port of entry in order to make their asylum request.
The Biden administration鈥檚 May 2023 鈥circumvention of lawful pathways鈥 rule required asylum seekers to schedule an appointment via the app before requesting asylum, despite U.S. law that says one can request asylum on U.S. soil, regardless of how one entered the country.
The Florence Project was among the advocacy groups that objected to the app鈥檚 limited number of appointments and access problems, Belous said.
鈥淚t was definitely a flawed pathway, but it was a pathway,鈥 she said. 鈥淣ow to have that removed really means people are going to be in a lot of danger. I think the cartels and human smugglers will really profit from having a more dangerous and chaotic situation at the border. I don鈥檛 think it鈥檚 going to make anyone safer.鈥
Regular pathways reduced chaos, advocates say
Immigrant-rights advocates have said Biden鈥檚 reforms at the border illegally restricted access to asylum, including his June 2024 order shutting down most asylum access during busy times at the southern border.
But Biden鈥檚 allies have pointed to his policies鈥 success at directing migrants to use regular channels to enter the U.S., through CBP One and humanitarian parole programs for people from Cuba, Haiti, Nicaragua and Venezuela.
Trump鈥檚 executive order on border security also cancels humanitarian parole.
Advocates also worry that executive orders banning asylum include no exceptions for vulnerable populations, such as unaccompanied minors or trafficking victims, said Belous of the Florence Project.
Under Biden鈥檚 administration, U.S. Customs and Border Protection said those pathways, plus aggressive immigration enforcement in Mexico, have dramatically reduced the number of people crossing irregularly.
In the last six months of 2024, border agent encounters with migrants between ports of entry dropped more than 70% compared to the same period in 2023, CBP data show.
By dismantling those regular pathways to reach U.S. soil, Trump may end up driving more unauthorized crossings between ports of entry, said Doris Meissner of the nonpartisan Migration Policy Institute, during a Tuesday press briefing.
鈥淭he Trump administration is inheriting a stable border. ... So the dismantling (of) Biden鈥檚 border policies, which have brought things to the point we currently see, could actually increase rather than decrease pressures to cross illegally,鈥 said Meissner, senior fellow and director of MPI鈥檚 U.S. Immigration Policy Program. 鈥淲e know there are significantly large numbers of people who have been waiting in Mexico in order to cross in orderly ways, and those orderly ways have now been eliminated.鈥
At KBI, staff are advising asylum seekers to take some time before making any decisions about what to do next, Williams said. Some are likely considering entering the U.S. between ports of entry, she said.
鈥淚f I was a mom in the shoes of the moms currently at Kino, I would do whatever I could to keep my kids safe,鈥 she said. 鈥淚 wouldn鈥檛 be surprised if some people decide the risk of dying in the desert outweighs the risk of dying while staying put.鈥
No way forward
On Monday, about 20 people staying at Kino Border Initiative鈥檚 Nogales, Sonora shelter were notified that their appointments at 4:30 p.m. that day had been canceled, Williams said.
The devastating news was difficult to accept, so the asylum seekers went to the DeConcini Port of Entry anyway and confirmed with a CBP officer that their appointments were no longer valid, she said.
Most of those asylum seekers were from Venezuela, including a mother, traveling with her child, who said they fled Venezuela after her husband was forcibly 鈥渄isappeared,鈥 possibly kidnapped or killed, by the repressive government regime, she said.
Another Venezuelan family who stayed at KBI was forced to miss their long-awaited CBP One appointment over the weekend, after they were detained and extorted by Mexican National Guard members, who wouldn鈥檛 release the family until they paid a bribe, Williams said.
鈥淢any of these families, especially the ones being affected by canceled appointments, many of them have not been in Nogales for long,鈥 she said. 鈥淭hey鈥檙e newly arriving to Nogales from Central America or southern Mexico, they don鈥檛 have legal documentation, and now they鈥檙e in a place where they don鈥檛 have strong networks or contacts. It鈥檚 incredibly important for them to find some access to stability and assistance, or access legal status鈥 in Mexico, she said.
A group of shelters in Nogales, Sonora are trying to find more temporary shelter space to provide humanitarian assistance to migrants who arrive there without any resources, Williams said.
Migrants waiting or stranded in Mexico are easy prey for criminal groups, including Mexican nationals fleeing violence in their home country.
have rampant cases of torture, murder, kidnapping, rape and extortion of migrants, especially under Trump鈥檚 鈥淩emain in Mexico鈥 policy during his previous term as president, which forced asylum seekers to wait for their immigration hearings south of the border. Trump also signed an order Monday to re-instate that program, which would require cooperation from Mexico.
Lucrative human-smuggling operations, which advocates say capitalize on the lack of legal pathways to enter the U.S., have enriched criminal groups and especially thrived during the pandemic-era Title 42 policy, when border agents rapidly deported migrants with no formal consequence to Mexico, advocates say.
Title 42 resulted in more repeat attempts by migrants, as well as a surge in 鈥済otaways,鈥 migrants who successfully evaded border agents, MPI鈥檚 analysis has shown.
Other executive orders
Trump also signed an executive order targeting birthright citizenship, a move that鈥檚 already facing a legal challenge. 蜜柚直播 Attorney General Kris Mayes announced Tuesday she will challenge the order that seeks to end automatic citizenship for children born on U.S. soil, regardless of their parents鈥 immigration status.
蜜柚直播 immigration attorney Mo Goldman said that as worded, Trump鈥檚 executive order would not only deny citizenship to children born to undocumented immigrants; it would also apply to children of immigrants in the country legally but temporarily, such as through a work visa.
That could have big consequences for children of immigrants legally here on student or work visas. Many intending to stay long-term often face a years-long process before securing permanent resident status, he said.
鈥淎 lot of people who have been here for a long time waiting on green cards for different reasons, with different types of work visas, they have children born here. It happens,鈥 he said. 鈥淭his is just the start of what is going to be a pretty contentious legal battle.鈥
Birthright citizenship is enshrined in the 14th Amendment, which states, 鈥淎ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.鈥
Most legal scholars say denying birthright citizenship would require a constitutional amendment, and Trump鈥檚 attempt to re-interpret the provision likely won鈥檛 survive a legal challenge, Meissner of MPI said.
But the executive order could still cause chaos and confusion for children and new parents, as well as hospitals and state agencies that issue vital documents such as birth certificates, said Migration Policy Institute鈥檚 Muzaffar Chishti, during the Tuesday press briefing.
鈥淥bviously right now, hospitals do not require anyone to bring papers about their legal status,鈥 said Chishti, director of the Migration Policy Institute鈥檚 office at New York University鈥檚 School of Law. 鈥淚n terms of what kind of a burden it places on municipalities and our state department and hospitals, we don鈥檛 even appreciate the enormity of it. I think just the challenge of implementation may itself be an impediment of this becoming in effect anytime soon.鈥
Trump also signed an laying the groundwork to designate 鈥渃artels鈥 as foreign terrorist organizations. It directs the secretary of state to recommend specific criminal groups for the designation within 14 days.
In November the 蜜柚直播 analyzed Trump鈥檚 threat to send troops to 鈥渆liminate鈥 criminal groups in Mexico and to designate them as terrorist organizations. Experts told the Star that while the move could pressure Mexico to crack down on the crime groups that now have control over some areas of the country, it could also strain relations with Mexico, a critical ally, and lessen chances to collaborate with Mexico鈥檚 leaders on security issues.
It could also give Mexican asylum seekers fleeing violence an even stronger case in their petitions for protection, experts said.
Mexico鈥檚 President Claudia Sheinbaum said Tuesday in a press briefing that Mexico would defend its sovereignty but would coordinate with the U.S. following Monday鈥檚 executive orders, the Associated Press reported.
鈥淲e all want to fight the drug cartels,鈥 Sheinbaum said. The U.S. 鈥渋n their territory, us in our territory.鈥