Biden Proposes Drastic Overhaul to Asylum-Seeking Process
Migrants crossing the Paso del Norte International Bridge to attend a court hearing for asylum seekers, in Ciudad Juarez, Mexico. Photo: Jose Luis Gonzalez / Reuters
The Biden Administration finalized a proposal to overhaul the current system for migrants seeking asylum in the United States. The new policy, intended to take effect in late May, will grant asylum officers the authority to conduct “credible fear screenings” of “persecution or torture” and make judgements on the claims in the place of immigration courts. Any applicant who is not granted asylum will then be referred to a immigration judge for a removal proceeding.
In the Justice Department press release detailing the rule, Attorney General Merrick Garland claimed the rule will ensure asylum claims are processed “fairly, expeditiously, and consistent with due process,” whilst addressing the current “burden on immigration courts.” The new rule intends to streamline the asylum process dramatically, reducing the average time it takes for a case to be approved from five years to six months, whilst clearing the backlog of more than 670,000 cases that accumulated in the system as of February.
At present, the administration is relying on a Trump-era public health rule known as Title 42 to expedite the deportation of migrants entering the country on the basis of the COVID-19 pandemic. Data collected by the US Customs and Border Protection agency shows that as many as 61% of people detained in 2021 were expelled under the statute. Though criticism from Democratic lawmakers and human rights groups has led President Biden to reconsider the continuation of this rule, experts warn its removal could result in a substantial increase in illegal crossings.
This comes as concerns are already being raised by border officials about the record high numbers of migrants that are attempting to cross into the United States, with border arrests reaching a 20-year high in recent months. Whilst many of those attempting to enter are fleeing legitimate risks of violence and persecution, the coronavirus pandemic’s economic toll is said to be contributing to the significant rise in migration.
In a statement, Secretary of Homeland Security Alejandro Mayorkas reiterated President Biden’s commitment to recognising the humanity of migrants attempting to enter the United States whilst simultaneously enforcing security at the border, “We are both a nation of laws and a nation of immigrants,” he said.
Families traveling from Matamoros, Mexico to seek asylum in the US. Photo: Carolyn Cole / LA Times
The rule has been met with criticism from pro-immigrant groups as well as those advocating for harsher restrictions. Eleanor Acer, a senior director with Human Rights First, expressed concern that the fast-tracking of cases is likely to lead to an increase in deportations as well as approvals, stating the rule “risks sacrificing accurate decision-making for its narrative of speed.”
This change to the asylum process is in addition to President Biden’s plan to cut more than 25 percent of the bed capacity at immigration detention facilities across the country. A drafted budget request for the next fiscal year only seeks to fund 25,000 beds, down from a current number of 34,000 beds. The administration has cut ties with a number of detention centers across the states, after reports of unsanitary and inhumane conditions including poor medical treatment, lack of access to outdoor spaces, and bug infestations.
The Biden administration has been increasingly moving away from detention, using alternative methods of keeping track of migrants awaiting court proceedings, providing them with ankle monitors and phones through which they can be in contact with immigration authorities.