Washington — Citing President Trump’s extraordinary move to close the American asylum system, U.S. border agents have been instructed to summarily deport migrants crossing into the country illegally without allowing them to request legal protection, according to internal government documents and agency officials.
Just hours after being sworn in, Mr. Trump invoked sweeping presidential authorities to bar the entry of migrants deemed to be participating in an “invasion” of the U.S., as well as those who may pose a public health or national security risk. He cited a provision of immigration law known as 212(f) that allows presidents to suspend the entry of foreigners whose entry is deemed to be “detrimental” to the U.S.
In that same proclamation, Mr. Trump cited his constitutional powers over foreign affairs to empower U.S. immigration officials to “repel, repatriate, or remove any alien engaged in the invasion across the southern border of the United States.”
Internal government documents indicate that, as of Tuesday night, the president’s “full” 212(f) authority was being implemented across Texas’ border with Mexico, making nearly all migrants who arrive at the border subject to quick expulsion. The documents cite the public health-related 212(f) authority that applies to “aliens that traveled through a country with a communicable disease.”
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Mr. Trump’s edict also applies to Border Patrol coastal sectors, including the one in Florida, and the U.S.-Canada border. The documents indicate Canadian authorities will be asked to accept those who cross the northern border illegally, beyond those asylum claimants the U.S. and Canada already exchange under a “safe-third-country” agreement.
Two Customs and Border Protection officials, who requested anonymity to discuss internal guidance, said migrants will not be allowed to see an immigration judge or asylum officer under Mr. Trump’s edict, which effectively suspends U.S. obligations under domestic and international law to ensure people fleeing persecution are not returned to danger.
One of the officials said Border Patrol agents were directed to swiftly deport migrant adults and families traveling with children under the president’s directives, after taking their biometrics and fingerprints. Migrants who are not from Mexico are to be detained pending their deportation.
Those with criminal histories are subject to prosecution in the U.S. under a long-standing practice, the official said.
Releases of migrants into the U.S. have been largely prohibited. The internal government documents say requests to release migrants with a court notice will need to be approved by Border Patrol headquarters and will only be considered in “life-threatening” situations.
The official said the new policy mirrors Title 42, a far-reaching order the first Trump administration enacted at the outset of the COVID-19 pandemic to expel most migrants crossing into the U.S. illegally. The order, based on a contested public health rationale that migrants would spread COVID-19, was eventually discontinued by the Biden administration, which relied on the measure for more than two years amid record levels of migrant crossings.
The Biden administration enacted its own asylum restriction last June, also citing the 212(f) authorities. While that order disqualified most migrants crossing the southern border illegally from asylum, it still gave them the opportunity to plead their case before asylum officers if they expressed fear of being harmed once deported.
Former President Joe Biden’s asylum restrictions also had a major exemption: they did not apply to migrants waiting in Mexico who used a government smartphone app, known as CBP One, to request a time to enter the U.S. at an official border entry point.
But immediately after Mr. Trump’s inauguration, his administration shut down the CBP One process and canceled all existing appointments under the app, which had been allowing up to 1,500 migrants to enter the U.S. each day.
While the Biden administration faced record numbers of migrant arrivals in its first three years, illegal border crossing dropped sharply in 2024 after the Mexican government ramped up efforts to interdict those traveling to the U.S. Unlawful crossings fell further after Biden’s own asylum crackdown in June, and remain at a four-year low.
Mr. Trump’s moves at the border, like his unprecedented attempt to upend birthright citizenship, are likely to face legal challenges.
“Put simply, this order ends asylum at the United States border for anyone fleeing danger, even for families persecuted on the basis of their religion or political speech,” said Lee Gelernt, who leads the American Civil Liberties Union’s immigration lawsuits.
