Law of Asylum Procedure at the Border: Statutes and Agency Implementation [April 9, 2021] [open pdf - 1MB]
From the Summary: "The Immigration and Nationality Act (INA) generally provides for the removal of non-U.S. citizens or nationals ('aliens,' under the INA) encountered at the border without valid entry documents, unless they qualify for asylum or other humanitarian protections. Two significant questions of legal procedure arise regarding these aliens (referred to here as 'undocumented migrants' to distinguish them from aliens encountered in the interior of the United States). 'First', how should the United States determine which undocumented migrants qualify for humanitarian protections? By trial or some more rapid assessment? 'Second', how should undocumented migrants be treated while their claims are evaluated? Should the government detain them, release them under supervision, or--as the Trump Administration opted to do--require many of them to wait in Mexico? These questions have become more prominent as the flow of undocumented migrants seeking humanitarian protections ('asylum seekers') has increased over the past decade."
CRS Report for Congress, R46755
Congressional Research Service: https://crsreports.congress.gov/