Quick Bytes
- Biden administration proposes rule to impose bars during initial asylum screenings.
- USCIS aims to reduce resource use on ineligible individuals for asylum or removal.
- Concerns raised over the complexity and lack of transparency in the expedited removal process.
- Advocates worry the new rule could lead to the removal of migrants back to danger.
Summary of Proposed Asylum Rule Changes
The Biden administration has introduced a new rule proposal that could significantly alter the asylum process at the U.S. border. This rule would grant asylum officers the authority to apply certain bars during the initial screening process, a step that currently occurs later before an immigration judge. The U.S. Citizenship and Immigration Services (USCIS) believes this change could conserve government resources by quickly identifying individuals ineligible for asylum or withholding of removal.
Impact on Expedited Removal
Under the proposed rule, asylum officers would have the discretion to determine if an individual is subject to any of five mandatory bars based on their initial interview. These bars include serious crimes, persecution of others, national security threats, and terrorist-related activities. If an individual cannot prove that these bars do not apply to them, they could face a negative fear finding and potential swift deportation.
Concerns and Criticisms
Despite USCIS’s estimation that the rule would affect a small percentage of asylum seekers, there are significant concerns regarding the proposal’s implementation. Critics argue that the expedited removal process lacks transparency and that the complexity of bar determinations requires thorough legal analysis, which many migrants, often without legal counsel, are ill-equipped to handle. The fear is that this could result in the unjust removal of individuals to potentially dangerous situations in their home countries.
Conclusion
The Biden administration’s proposal is seen by some as a misguided attempt to manage the border more effectively. By potentially increasing the use of expedited removal, the administration may inadvertently create a more chaotic and less predictable asylum process, raising humanitarian and legal concerns.
