Border Patrol Memo Discloses Migrant Release Details Despite New Biden Order

 June 11, 2024

An internal document circulating within the Border Patrol has raised eyebrows by outlining new policies impacting migrants, particularly from the Eastern Hemisphere.

A recent internal memo instructs Border Patrol agents in San Diego to release certain migrants into the U.S., despite President Joe Biden's executive move aimed at stemming illegal crossings.

This shift in policy follows the president's executive order prohibiting most undocumented immigrants from making asylum claims, a directive Biden championed as a unilateral effort to address the complex situation at the U.S. border.

According to Daily Mail, the memo directs officials to process and release single adults from all Eastern Hemisphere nations, except for Russia, Georgia, Uzbeksof Tajikistan, Kyrgyzstan, and China, under a Notice to Appear/Released on Own Recognizance protocol.

Immigration strategy in the spotlight

Journalist Anna Giaritelli of the Washington Examiner, who uncovered the memo's contents, highlighted the policy's selectiveness, which exempts migrants from only six countries from being released.

Meanwhile, those from other Eastern Hemisphere countries who arrive illegally through the San Diego sector are now to be released freely into the country. This development has sparked various discussions about the effectiveness of border control policies and their alignment with human rights considerations.

During a recent address, President Biden pointed fingers at congressional Republicans, blaming them for the need to resort to executive authority to manage border issues.

Challenges with deportation efforts

Officials have expressed ongoing difficulties in deporting illegal migrants back to some Eastern Hemisphere countries, with several nations showing reluctance or outright refusal to accept repatriated citizens.

As migrants continue to arrive in large numbers, this memo details less restrictive handling of individuals from countries typically uncooperative with U.S. deportation policies.

While the memo focused primarily on single adults, the U.S. Department of Homeland Security (DHS) and the Department of Justice have meanwhile intensified standards for asylum claims.

New asylum regulations introduced

President Biden's recent executive order also specified that illegal border-crossers could not claim asylum unless they met strict conditions, such as having a pre-arranged appointment through an official app.

The administration has carved out exceptions, however, such as allowing entry for unaccompanied minors and victims of severe forms of trafficking, addressing concerns over human rights within the enforcement of these new measures.

Under these new directives, the harsh realities of border control meet a complex interplay of legal, humanitarian, and safety concerns, showcasing the challenging balance between enforcing laws and ensuring the humane treatment of migrants.

Legal and humanitarian considerations

Despite the stringent new rules, the adjusted policy in San Francisco is an outbrief effort to acknowledge and address serious human rights and humanitarian issues in border enforcement strategies.

This nuanced approach seems designed to curb illegal immigration while ensuring that those who most need protection can still access the U.S. legal system. Yet, the effectiveness and fairness of these policies will likely remain subjects of intense debate and scrutiny as they begin to impact lives at the borders.


The leaked memo shows a selective approach to handling migrants in San Diego, in line with President Biden's order to limit asylum claims from illegal border-crossers. It specifically targets individuals from six Eastern Hemisphere countries. This policy underscores the administration's border security commitment but faces real-world challenges and public debate.

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