The Joe Biden administration is preparing its own version of expedited asylum processing, which will take effect after the COVID-19-related asylum restrictions imposed during the Trump administration expire on Thursday, May 11.
That is why the federal government is getting ready for a foreseeable increase in illegal crossings along the southern border. In Texas, the border cities of El Paso, Laredo and Brownsville have declared local states of emergency in recent days in preparation for such an increase.
From now on, interviews with asylum seekers will be conducted exclusively by the Citizenship and Immigration Services (USCIS), and not by Border Patrol agents, and all will have access to legal advice, according to the new rules.
Typically, about 75 percent of migrants pass credible fear interviews, though far fewer are ultimately granted asylum.
However, during the five months of the Trump-era program, only 23% passed the initial screen, while 69% failed and 9% withdrew their application, according to the Government Accountability Office (GAO). .
Those who pass the initial filter are generally released into US territory to continue their processes in immigration court, which usually takes four years.
To pass the filters, migrants must convince an asylum officer that they have a "significant chance" of convincing a judge that they face persecution in their home countries based on race, religion, nationality, political opinion, or membership in a social group.
President Joe Biden eliminated expedited processing of asylum claims during his first month in office as part of his effort to scrap his predecessor's border policies, which included building a wall with Mexico. Now Biden prepares his own version of him.
Expedited reviews under President Donald Trump drew sharp criticism from internal government oversight agencies as the percentage of people passing such "credible fear interviews" plummeted.
But the Biden administration has insisted that its expedited processing for asylum seekers is different: Interviews will be conducted exclusively by US Citizenship and Immigration Services (USCIS), not Border Patrol agents, and everyone will have access to counseling. legal.
The decision to use expedited reviews comes as COVID-19-related asylum restrictions are about to expire on May 11, which is why the federal government is preparing for a foreseeable increase in illegal border crossings. south. In Texas, the border cities of El Paso, Laredo and Brownsville have declared local states of emergency in recent days in preparation for such an increase.
- Typically, about 75 percent of migrants pass credible fear interviews, though far fewer are ultimately granted asylum.
- But during the five months of the Trump-era program, only 23% passed the initial screen, while 69% failed and 9% withdrew their application, according to the Government Accountability Office (GAO).
- Those who pass the initial filter are generally released into US territory to continue their processes in immigration court, which usually takes four years.
- Critics say the delay in court encourages more people to apply for asylum.
To pass the filters, migrants must convince an asylum officer that they have a "significant chance" of convincing a judge that they face persecution in their home countries based on race, religion, nationality, political opinion, or membership in a social group.
Under the Biden administration's expedited program, those who do not meet the criteria will be deported "in a matter of days or a few weeks," Homeland Security Secretary Alejandro Mayorkas said Thursday.
Expedited reviews will only be for adults traveling alone, Mayorkas added.
there are doubts
Despite government guarantees that people will have access to legal services, some immigration activists who were briefed by the government have their doubts.
Katherine Hawkins, a senior legal analyst at Project on Government Oversight, noted that activists were told lawyers would not be allowed inside detention centers.
The Trump administration used expedited reviews between October 2019 and March 2020, when it began using a 1944 public health law known as Title 42 to remove immigrants on the grounds of preventing the spread of COVID-19. The expedited process was one of Trump's immigration policies that Biden reversed by decree in February 2021.
Unlike the Trump administration, the Biden administration will not limit migrants to a single phone call. But it is unknown how many phone calls federal authorities can facilitate, particularly if there is no answer and attorneys call back, Hawkins said.
Initially, the reviews will be limited to Spanish-speaking countries for which the United States has frequent deportation flights, Hawkins and others have been told.
