Mexico: New U.S. Border Rule on Asylum Claims Raises Fears of Quick Deportation

President Joe Biden's administration on Thursday announced a new rule on asylum claims that will take effect on the U.S.-Mexico border that aims to process the cases into months instead of years.

The announcement of the new rule was made by the U.S. Department of Homeland and Security (DHS) and Justice Department, claiming that the new rule will expedite the processing of migrants subjected to removal. The said rule will ensure that those who are eligible for processing will be granted relief quickly, while those who are will be promptly removed.

The move from the Biden administration would bypass the currently backlogged system where only immigration judges working for the U.S. Department of Justice oversee such cases, per Al Jazeera.

Under the new rule, asylum officers from the U.S. Citizenship and Immigration Services (USCIS) will have the authority to consider asylum applications of undocumented migrants who are subject to removal.

U.S.-Mexico Border: New Rule on Asylum Claims Will Allow Officers to Conduct Fear Screenings

The new rule endorsed by DHS will still subject undocumented migrants, who assert a fear of persecution or torture, to fear screenings. However, the new mandate will allow immigration officers to conduct those processes.

Currently, such cases are only decided by immigration judges from the DHS and take several years before completion.

Asylum officers are expected to complete the said process within 90 days, per NBC San Diego.

DHS noted that individuals who receive a positive credible fear determination will be granted a timely interview with asylum officers.

The USCIS will then decide whether to grant asylum or if necessary, determine the applicant's eligibility for withholding of removal or protection under the Convention Against Torture (CAT).

Meanwhile, Rejected applicants will be sent to immigration judges, who also expect to issue decisions in 90 days, according to NBC San Diego.

"This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process," Attorney General Merrick Garland said in a statement.

Garland further noted that the new rule will help diminish the burden on the immigration courts, protect migrants who are fleeing from violence and persecution, and enable immigration judges to issue removal orders when appropriate.

Meanwhile, Mayorkas pointed out that the new rule on asylum claims will build a more functional and sensible asylum system that will grant protections to eligible migrants swiftly, while those who are not will be quickly removed.

The new rule on asylum claims will take effect in 60 days. Furthermore, the rule is still open for public comments and modifications. However, the said rule will not apply to unaccompanied migrant children.

Advocates on New Rule in the U.S.-Mexico Border

Senior director for refugee protection at Human Rights First, Elanor Acer, criticized the new rule on asylum claims, saying that it risks sacrificing accurate decision making for its narrative of speed, NBC San Diego reported.

Acer added that unrealistic deadlines will only lead to several issues, such as mistaken decisions and improper return of individuals who qualify for asylum.

Meanwhile, Senior Policy Counsel at the American Immigration Council Aaron Reichlin-Melnick lauded the Biden administration for the changes it has applied to the new rule upon the request of the public.

"However, the issue of the "streamlined" proceedings remains a glaring problem that will have to be addressed in the new comment period," Reichlin-Melnick said.

This article is owned by Latin Post.

Written By: Joshua Summers

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