To my own surprise, I’ve been asked this question a few times in my career. Nearly a decade into immigration law, my opinion has certainly developed with time and knowledge (I like to think of this as wisdom).
The Physical Danger
Crossing over to the U.S. side from the Mexican border can be extremely risky and highly dangerous. I do NOT recommend attempting this.
Attempting to cross the U.S.-Mexico border illegally has numerous natural risks. Among the dangers are dehydration, starvation, heat stroke, and drowning. Additional danger can also come from those “assisting” in the illegal crossing, often referred to as coyotes. There have been numerous reports of rape, extortion, and murder. If you are lucky to make it through to the U.S. side, the future still holds many hurdles.
The Political Ramifications
Currently happening at the southern Texas border is a feud between the Biden administration and the state of Texas. Governor Abbott of Texas has constructed wire fencing along certain parts of the border where migrant caravans have been entering. Immigration, as noted earlier, generally falls under federal jurisdiction. The Biden administration instructed for the removal of the wire fencing and took Texas to court and won. To the defense of Texas, Republican governors across the nation have offered their full support, including their national guards. Prior to erecting the wire fencing, Texas tried alternative methods including bussing migrants to other states, including self-proclaimed sanctuary states such as New York and Maine. Some residents of those states have reported their frustration due to schools being converted to shelters and money being distributed unjustly.
Additionally, Texas has been tangled in a legal battle over SB4, a law that allows Texas police to arrest those suspected of illegally crossing the border. The U.S. Supreme Court sided with Texas in allowing the law to go into effect. But this was short-lived as the issue is back before the courts.
The Legal Challenges
Entering the U.S. without inspection can have detrimental effects on future immigration and visa prospects. The general rule is that one should be in valid status to change status. Not only is entering EWI (entering without inspection) a federal crime, but it also carries many immigration consequences. For example, one who is not inspected and admitted is generally ineligible for adjustment of status (green card). Not only is it difficult to obtain legal status after entering without inspection, but it also prevents the individual from departing the U.S. without further consequences. For example, those who accrue 180 days but less than one year of unlawful presence in a single stay, and then depart the U.S., trigger a three-year bar. And those who accrue over one year of unlawful presence in a single entry and depart, trigger a 10-year bar.
Not only does illegal immigration often hinder the prospective immigrant, but it also undermines the legal system. Those who go through the proper channels often spend years before obtaining residency and ultimately naturalization. Oftentimes the long waits are due to backlogs which can lead to decades of waiting for a visa to become available. Moreover, the immigration system can be costly. Applicants often spend thousands in legal fees to ensure they are proceeding within the legal framework, and thousands more on government fees.
Applying for Asylum
There are generally two ways to apply for asylum in the U.S.; affirmatively or defensively. If you are legally in the U.S., you can usually file for affirmative asylum. However, if removal proceedings have commended, then you will need to apply for asylum as a defense to removal. One can also apply for asylum at a U.S. border crossing. Under international law and U.S. immigration law, asylum allows persecuted individuals to present themselves at any legal U.S. border crossing for further questioning. This is referred to as a credible fear interview. It is important to note that U.S. asylum laws limit persecution to five categories (on the account of race, religion, nationality, political opinion, and membership in a particular social group).
After applying for affirmative asylum, an applicant and their derivative family is permitted to remain in the U.S. while the asylum case is adjudicated. During this time, the applicant and their derivatives can apply for work permits (employment authorization documents or EADs). Additionally, applicants can obtain drivers licenses in order to commute. Moreover, applicants can enroll in school if they desire. Ultimately, the asylum process ends with an interview. If an asylum application is not approved post-interview, the applicant will get a second opportunity to convince the immigration judge.
Conclusion
