New rules for seeking asylum at the US border went into effect Tuesday. The government hopes that these measures will speed up the procedures, which currently can present up to several years of traffic jams.
Alejandro Mayorkas, secretary of the Department of Homeland Security, reported in a communiqué recently that the new rule focused on phases seeks to reduce “processing times and the backlog of years in immigration courts.”
Now the migrants arriving at the US border have to demonstrate credible fear, according to the published information by Homeland Security and Citizenship and Immigration Services (USCIS).
USCIS officials will now have the power to consider asylum applications from individuals “subject to expedited removal who establish a fear of persecution or torture during their required credible fear assessment.”
To date, these cases were decided by immigration judges attached to an office of the Department of Justice.
The DHS document indicates that the measure only applies to those who are placed under deportation order as of May 31. “The rule applies prospectively and only to adults and their families who are placed in expedited removal proceedings, and indicate an intent to seek asylum, fear of persecution or torture, or fear of returning to their country of origin, following the date of validity of the rule. The rule does not apply to unaccompanied minors,” the information indicates.
Homeland Security has arranged two immigrant holding locations in Texas for the processing of the Asylum Merit Interview by telephone with an officer, and if accepted, they will be forwarded to USCIS.
Referrals to USCIS for asylum will be restricted to those who indicate a preference to reside in the following cities: Boston, Los Angeles, Miami, New York, Newark, or San Francisco.
Applicants who receive a negative determination have the possibility of a case review.
Following the positive determination, the asylum merit interview “shall be conducted no sooner than 21 days and no later than 45 days following the positive credible fear determination.”
In the event that the immigration judge determines the person ineligible, he or she may be expelled on the spot.
