There is the little-known exception for people claiming to be tortured in their home country saying:
“Number one is if an individual has an acute vulnerability, such as an urgent medical care. And two, if, in fact, our operational capacity is such that we are not able to execute the Title 42 authority … I should also say that there is a Convention Against Torture exception if someone claims torture.”
Under this administration migrants will not need to persuade a judge that their claims of torture are true. Them merely making the claim to immigration officers gives them the opportunity enter in with the Title 42 exception. Which would make them eligible to receive jobs, benefits, and stay in USA.
Immigration have been instructed by this administration not to deport illegals who do not commit “violent” crimes. So, committing the crime of crossing the border illegally is not enough to warrant deportation in the eyes of the administration even though it is still the law of the United States.
Few migrants actually win their torture claims. In 2000, judges granted just 529 requests from 12,452 people who applied for Convention Against Torture protections. In 2019, judges approved just 1,157 requests after 66,000 people applied.
Mayorkas also told the press conference that he plans to create more openings for migrants to enter America, alongside the annual inflow of roughly one million legal immigrants. He indicated he uses his regulatory power to expand the variety of people who can get asylum by being members of a “particular social group” that faces “credible fear” of being sent home.
Under current rules, he said:
The definition of a “particular social group” was significantly constrained — that’s an understatement — in the Trump administration. And there is a body of law that speaks to that definition, and that definition is currently under review.
Mayorkas is also rewriting regulations to give low-level officials the power to grant the huge prize of U.S. citizenship to migrants, without any intervention by judges who are responsible for enforcing Congress’s law.