The Biden administration on Wednesday proposed a rule that would allow asylum officers to determine whether migrants are eligible for humanitarian protections in the U.S.
The rule would apply to migrants placed in expedited removal proceedings to make a case of credible fear of persecution to a U.S. Citizenship and Immigration Services (USCIS) asylum officer rather than going through the immigration courts, according to the Department of Justice (DOJ) and the Department of Homeland Security (DHS). USCIS officers would be able to grant asylum for eligible migrant families and adults, allowing them to remain in the U.S. permanently
“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,” DHS Secretary Alejandro Mayorkas said. “We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.”
— Justice Department (@TheJusticeDept) August 18, 2021
The Biden administration resumed expedited removal flights to Central America from Texas’ Rio Grande Valley after border officials apprehended an increasing number of migrant families, Politico reported July 30.
If a migrant is denied asylum, they can appeal to an immigration judge for reconsideration, according to the DOJ. Migrants who aren’t granted asylum and who don’t file a successful appeal risk deportation.
The rule wouldn’t apply to unaccompanied migrant minors arriving at the southern border or to people who already live in the U.S, according to the DOJ. (RELATED: ‘It’s Everywhere’: Migrants Say They’re Not Responsible For Spreading COVID-19)
Currently, asylum officers only interview illegal migrants placed in expedited removal proceedings to determine whether they have credible fears of persecution, according to CBS News. Most migrants who don’t establish a credible fear in their interviews are deported, if an asylum officer determines a person’s fear is credible then they’re referred to Department of Justice (DOJ) immigration courts.
It could take years for asylum cases to move through DOJ courts since there are more than 1.3 million currently pending a decision, CBS News reported. The new rule would allow the government to quickly grant asylum to migrants or deport those without credible fear claims.
The DHS did not respond to the Daily Caller News Foundation’s request for comment.
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