The Biden administration has released its plan to "streamline" the U.S. asylum process by allowing U.S. Citizenship and Immigration (USCIS) Officers to deny or approve requests for asylum and deportation deferrals made by aliens at the southern border.
In announcing the proposed rule, the Departments of Justice and Homeland Security stated this new process would be a "key step toward implementing the administration's blueprint for a fair, orderly and humane immigration system."
Department of Homeland Security Alejandro Mayorkas stated that allowing USCIS officers to adjudicate decisions on asylum and deportation deferrals "will significantly improve DHS's and DOJ's ability to more promptly and efficiently consider the asylum claims of individuals encountered at or near the border, while ensuring fundamental fairness."
"Today marks a step forward in our effort to make the asylum process fairer and more expeditious," said Attorney General Merrick Garland. "This rule will both reduce the caseload in our immigration courts and protect the rights of those fleeing persecution and violence."
Under the proposed process, an alien who establishes a credible fear of persecution if repatriated, as now determined by Border Patrol officers, will be referred to a USCIS asylum officer for a hearing on the protection claims. The asylum officer will then be authorized to adjudicate requests for asylum and eligibility for deferred deportation under various laws instead of the case being handed over to immigration courts.
Additionally, in cases where a USCIS official denies a request for asylum, the alien may request administrative review by an immigration judge under a streamlined process, with further administrative appeal available through the Board of Immigration Appeals - obviously negating any effect this policy may have on easing backlogs in immigration courts.
The rule would also allow DHS to release illegal aliens before a credible fear determination can be made when "detention is unavailable or impracticable."
To read the complete press release by DHS, please click here.
