Biden administration proposes overhaul of asylum system to speed up claim approval
By Priscilla Alvarez, CNN
The Biden administration has proposed a federal regulation that would overhaul the asylum system in an attempt to settle claims at a faster pace and help alleviate the immigration court backlog, the departments of Homeland Security and Justice announced Wednesday.
The proposed rule would give asylum officers more authority by allowing them to hear and decide applications — cases that are usually assigned to immigration judges — when migrants present at the US southern border.
The administration has been wrestling with an overwhelming number of migrants arriving at the US-Mexico border. In July, US Customs and Border Protection encountered 212,672 people, up from June and amid some of the hottest summer weeks — when arrests usually dip — and of those, 95,788 individuals were expelled, according to the latest available data. Twenty-seven percent had previously tried to cross the border.
Administration officials have been alluding to the change for months, including in the White House immigration blueprint released weeks ago.
“These proposed changes 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,” said Homeland Security Secretary Alejandro Mayorkas in a statement Wednesday. “Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed.”
Border authorities have been leaning on a public health authority, known as Title 42, to turn back migrants arrested at the US-Mexico border, barring some exceptions. Those who aren’t subject to the authority and are seeking asylum are placed into a process where they’re screened by asylum officers. If they pass the credible fear screening, their case progresses through the immigration court system.
The US immigration court system has been bogged down by more than 1 million pending cases, which can take years to complete. The proposed rule could alleviate the backlog by allowing asylum officers to adjudicate claims. If a case is denied, the individual may request review by an immigration judge under a streamlined process, according to DHS and DOJ.
The proposed rule doesn’t apply to unaccompanied children and individuals already residing in the United States.
This story is breaking and will be updated.
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