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Border Patrol memo instructs agents to release migrants from over 100 countries into the US

Border Patrol agents in California have been told to release migrants from over 100 countries into the US, despite the Biden administration’s new border ‘crackdown’, according to a leaked memo obtained by The Post.

Migrants from all but six countries in what border patrol calls the ‘eastern hemisphere’ – made up of Africa, Asia, Australia, and Europe – who cross illegally into the San Diego border sector will be released into the US according to the memo, first reported by the Washington Examiner.

Only adult migrants from Georgia, Moldova, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan will be immediately sent for removal from the US, per the memo.

Migrants line up at the southern border in San Diego on June 6, 2024. Fox News

Others will be released with a future court date but won’t be able to pursue asylum, according to Fox News.

Customs and Border Protection (CBP) also confirmed to Fox the order only applies to the San Diego sector, which is currently the busiest area for illegal crossings in the US and has seen the majority of people arriving from countries outside of the Americas.

Border Patrol data reviewed by The Post showed there were more than 10,000 migrants recorded crossing the southern border over the weekend – showing migrants are undeterred by Biden’s new restrictions.

President Biden’s new border rules went into effect last Wednesday and mean new asylum applications will not be processed until there are less than 1,500 encounters with illegal border crossers for seven consecutive days.

An internal Border Patrol memo instructs agents in the San Diego sector to release single adults from all but six countries and classify them as “hard” or “very hard” to remove. Bill Melugin/Fox News

The Post recently obtained leaked Border Patrol documents telling agents that even with the new orders in place adults and families “who are very hard to remove (such as countries which do not permit charter repatriation flights) … may be considered for processing of Expedited Removal or placed into section 240 removal proceedings.”

These would include migrants from China – over 27,000 of whom have been encountered in the San Diego sector since October – and countries such as Brazil, Ecuador and Peru.

Border patrol agents have said many learn routes or pay for passage from their home country organized by smugglers and advertised on social media.

Those allowed over the border will be released into the US with a future court date, a Border Patrol source told The Post.

Migrants who are also found to have a “credible fear” of returning to their home country, including those who can easily deported to Mexico or other countries the US has a return agreement with can also be released and given a future court date. However, CBP say they will not be allowed to apply for asylum.

Biden’s new rules don’t apply to migrants who use the CBP One phone app to cross over at a port of entry, currently 1450 people a day.

It also does not apply to “unaccompanied children, victims of a severe form of trafficking, those who face an acute medical emergency or an imminent and extreme threat to life and safety,” officials said.

There are also many countries the U.S. government considers “recalcitrant,” who won’t cooperate with U.S. deportation flights and refuse to take their citizens back. Bill Melugin/Fox News

Video taken last week by The Post shows hundreds of migrants still crossing into the San Diego region, undeterred.

Border Patrol agents who spoke to The Post said the new executive order is “way too little too late.”

One agent said it was “like trying to plug the leak on the titanic with chewing gum. [Biden’s] trying to act tough on the border but we know he’s been the most open border administration ever.”

CBP officials also told Fox it will take time to fully implement the rules of the Biden executive order and to bring rogue countries back in line and get them to accept citizens who have left to cross into the US illegally.