New rule aims to speed up the removal of a limited group of immigrants who do not qualify for asylum

WASHINGTON (AP) — A new Biden administration rule announced Thursday aims to speed up Asylum processing on the southern border. for a limited group of people believed to have committed serious crimes or to have terrorist links and, ultimately, expel them more quickly from the country.

The change comes as the administration has been struggling to demonstrate to voters for elections where immigration is key question of who has control on the southern border. Republicans have consistently criticized the Biden administration for policies they say have worsened problems at the southern border.

In a statement announcing the changes, the Department of Homeland Security said immigrants who are considered a public threat are detained, but whether they are eligible for asylum is not determined until later in the asylum process. Under the proposed rule, asylum officials who handle cases at an initial assessment stage so-called credible fear detection – that is scheduled to happen just days after a person arrives in the country will now be able to consider those criminal records or terrorist ties when deciding whether someone should ultimately be expelled from the country.

“This will allow DHS to quickly remove individuals who pose a threat to the United States much sooner than it currently does, better safeguarding the security of our border and our country.” the department said in the statement.

Under current law, certain mandatory prohibitions make people who are not eligible for asylum, for example, if they have been convicted of a particularly serious crime. But they typically come into play when an immigration judge is making a final decision on whether someone gets asylum, and that process can take years. Immigrants are typically detained during this time, the department said.

When the rule is in place, asylum officials can consider evidence of links to terrorism, for example, and use it as a basis for a denial.

The agency did not give figures on how many people would be affected, but said it was small.

Republicans immediately criticized the changes as too small. In a statement, House Homeland Security Committee Chairman Mark E. Green, a Republican from Tennessee, called it an “unserious and politically motivated attempt to address a major problem created by the Biden administration itself.” .

Regardless of the rule announced Thursday, the administration is weighing broader executive action crack down on immigration at the border. But when that could be announced depends largely on whether the number of illegal border crossings increases. After reaching a record in December, have decreased in recent months largely due to enforcement by the Mexican government.

Under American and international law, anyone who comes to the United States can apply for asylum. People from all over the world travel to the US-Mexico border in search of that protection. To be granted asylum they must demonstrate persecution or fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion.

It’s a high bar, and most people who seek asylum ultimately don’t qualify. But the process can take years in overcrowded immigration courts.

Critics have questioned whether the asylum system should be fundamentally changed to make it more restrictive, while others say the United States has a moral obligation to protect people fleeing for their lives.

Last year, the administration announced another rule aimed at restricting the asylum process, but much more broadly than the one announced Thursday. That rule made it extremely difficult for migrants arriving directly at the southern border to obtain asylum unless they used a government app to schedule an appointment or had already attempted to seek protection in a country they passed through on their way to the U.S. US

Opponents said it is essentially a repeat of similar efforts by former President Donald Trump and sued. The Biden administration says there are substantial differences between his administration and what Trump attempted. That rule remains in effect while the matter is resolved in court.

Immigration advocates have generally been resistant to any measures that seek to make initial, credible fear assessment more difficult. They say migrants often conduct these interviews immediately after surviving dangerous, life-threatening journeys to the United States and that these initial credible fear assessments are designed to have a lower bar than final asylum determinations so that migrants people are not expelled unjustly.

Gregory Chen, director of government relations at the American Immigration Lawyers Association, said rules barring asylum to people with criminal or terrorist records are important to protect the country. But his concern is that these changes will accelerate what is already a “highly complex” legal analysis.

“At that early stage, few asylum seekers will have the opportunity to seek legal advice or time to understand the consequences,” he said. “Under the current process, they have more time to seek legal advice, prepare their case, and appeal it or apply for a waiver.”

The new rule takes effect after a 30-day comment period.