The Biden administration on Thursday is expected to publish a final rule designed to streamline the asylum process, an effort to remove those fleeing persecution from an immigration court system backlog that can leave them in limbo for years.
Under the new rule, the Department of Homeland Security (DHS) expects asylum processes will take several months on average, compared to several years under the current system.
“The current system for handling asylum claims at our borders has long needed repair,” said Homeland Security Secretary Alejandro Mayorkas
Alejandro MayorkasUS, Canada renew cross-border forum for cooperation on criminal investigations Mexican president knocks US for focusing on Ukraine aid while Central American projects stall Judge blocks DHS memo narrowing ICE deportation focus MORE in a statement.
“Through this rule, we are building a more functional and sensible asylum system to ensure that individuals who are eligible will receive protection more swiftly, while those who are not eligible will be rapidly removed. We will process claims for asylum or other humanitarian protection in a timely and efficient manner while ensuring due process.”
The rule gives authority to U.S. Citizenship and Immigration Services (USCIS) officials to first weigh the merits of those who say they cannot return home for fear of torture and persecution, a task that currently falls to some 500 immigration judges housed within the Department of Justice.
Though largely a bureaucratic shift, the shuffle could help asylum-seekers more quickly gain status instead of funneling them into the 1.7 million immigration court case backlog that would take more than four years to get through even without any new cases.
A senior USCIS official said the goal is to create a “better and more efficient [system] that will adjudicate protection claims fairly and expeditiously.”
Under the new system, USCIS officers could grant asylum, and any migrants who are denied could appeal the decision within the immigration court system, an office within the Department of Justice known as the Executive Office for Immigration Review.
“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process,” said Attorney General Merrick Garland
Merrick GarlandUS, Canada renew cross-border forum for cooperation on criminal investigations IRS probe finds nearly billion in coronavirus stimulus-related fraud Juan Williams: GOP plays the race card on Ketanji Brown Jackson MORE in a statement. “It will help reduce the burden on our immigration courts, protect the rights of those fleeing persecution and violence, and enable immigration judges to issue removal orders when appropriate. We look forward to receiving additional input from stakeholders and the public on this important rule.”
Immigration court judges would be expected to rule on the matter within 90 days, an expedited timeline officials say is possible as they will be able to review the case files and evidence already presented to officers at USCIS, an agency within the Department of Homeland Security.
“The streamlining measures that we’re implementing are possible because the cases will come to the immigration court with the record already having been created by the asylum officers so the judges will receive that record. The judge and evaluating the case will not be starting from scratch,” a senior official told reporters Wednesday.
Still, USCIS has its own struggles with backlogs.
USCIS has historically been primarily funded by applicants’ fees, a system that’s created logistical shortcomings that were aggravated by the coronavirus pandemic and the Trump administration’s redirectionof the agency’s resources.
As of February, USCIS was facing a backlog of 9.5 million unattended applications, according to the Migration Policy Institute.
While the Biden administration has injected funds into USCIS, adding more than $200 million to the agency’s budget for 2022, the agency is still facing challenges including in staffing.
“Congress has provided for some additional funding for USCIS to provide additional staffing to the agency for this and other needs,” a USCIS official told reporters on a call Wednesday.
“And we are looking at those sources as well as others in terms of trying to determine how best to fund and bring on board the additional staff needed to fully staff the need for carrying out this process,” added the official.
Still, administration officials were largely unable to answer questions about whether they could adhere to an earlier estimate that USCIS would need to hire 800 new officers to help deal with the expanded workload.
Officials said the rule would be implemented in a phased approach, which will give them time to assess the workforce needs of USCIS. The administration likewise did not outline who would be among those initially subjected to the rule.
But the move to streamline asylum cases, even if it means further straining USCIS, is part of the Biden administration’s effort to be seen as rebuilding an immigration system decimated by the previous administration’s restrictionist policies.
Homeland Security Secretary Alejandro Mayorkas last week hinted that the implementation of the asylum rule could help the agency drawn down Title 42, one of the most unpopular Trump-era policy holdovers.
Title 42 allows for the rapid expulsion of migrants under the guise of sanitary protections during the pandemic. The Trump era holdover policy is still in effect under the Biden administration.
The Biden administration on Thursday is expected to publish a final rule designed to streamline the asylum process, an effort to remove those fleeing persecution from an immigration court system backlog that can leave them in limbo for years.Under the new rule, the Department of Homeland Security (DHS) expects asylum processes will take several months on average, compared to several years under the current system.“The current system for handling asylum claims at our borders has long needed repair,” said Homeland Security Secretary Alejandro MayorkasAlejandro MayorkasUS, Canada renew cross-border forum for cooperation on criminal investigations Mexican president knocks US for focusing on Ukraine aid while Central American projects stall Judge blocks DHS memo narrowing ICE deportation focus MORE in a statement.“Through this rule, we are building a more functional and sensible asylum system to ensure that individuals who are eligible will receive protection more swiftly, while those who are not eligible will be rapidly removed. We will process claims for asylum or other humanitarian protection in a timely and efficient manner while ensuring due process.”The rule gives authority to U.S. Citizenship and Immigration Services (USCIS) officials to first weigh the merits of those who say they cannot return home for fear of torture and persecution, a task that currently falls to some 500 immigration judges housed within the Department of Justice.Though largely a bureaucratic shift, the shuffle could help asylum-seekers more quickly gain status instead of funneling them into the 1.7 million immigration court case backlog that would take more than four years to get through even without any new cases.A senior USCIS official said the goal is to create a “better and more efficient [system] that will adjudicate protection claims fairly and expeditiously.”Under the new system, USCIS officers could grant asylum, and any migrants who are denied could appeal the decision within the immigration court system, an office within the Department of Justice known as the Executive Office for Immigration Review.“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process,” said Attorney General Merrick GarlandMerrick GarlandUS, Canada renew cross-border forum for cooperation on criminal investigations IRS probe finds nearly billion in coronavirus stimulus-related fraud Juan Williams: GOP plays the race card on Ketanji Brown Jackson MORE in a statement. “It will help reduce the burden on our immigration courts, protect the rights of those fleeing persecution and violence, and enable immigration judges to issue removal orders when appropriate. We look forward to receiving additional input from stakeholders and the public on this important rule.”Immigration court judges would be expected to rule on the matter within 90 days, an expedited timeline officials say is possible as they will be able to review the case files and evidence already presented to officers at USCIS, an agency within the Department of Homeland Security.“The streamlining measures that we’re implementing are possible because the cases will come to the immigration court with the record already having been created by the asylum officers so the judges will receive that record. The judge and evaluating the case will not be starting from scratch,” a senior official told reporters Wednesday.Still, USCIS has its own struggles with backlogs.USCIS has historically been primarily funded by applicants’ fees, a system that’s created logistical shortcomings that were aggravated by the coronavirus pandemic and the Trump administration’s redirectionof the agency’s resources.As of February, USCIS was facing a backlog of 9.5 million unattended applications, according to the Migration Policy Institute.While the Biden administration has injected funds into USCIS, adding more than $200 million to the agency’s budget for 2022, the agency is still facing challenges including in staffing.”Congress has provided for some additional funding for USCIS to provide additional staffing to the agency for this and other needs,” a USCIS official told reporters on a call Wednesday.”And we are looking at those sources as well as others in terms of trying to determine how best to fund and bring on board the additional staff needed to fully staff the need for carrying out this process,” added the official.Still, administration officials were largely unable to answer questions about whether they could adhere to an earlier estimate that USCIS would need to hire 800 new officers to help deal with the expanded workload.Officials said the rule would be implemented in a phased approach, which will give them time to assess the workforce needs of USCIS. The administration likewise did not outline who would be among those initially subjected to the rule.But the move to streamline asylum cases, even if it means further straining USCIS, is part of the Biden administration’s effort to be seen as rebuilding an immigration system decimated by the previous administration’s restrictionist policies.Homeland Security Secretary Alejandro Mayorkas last week hinted that the implementation of the asylum rule could help the agency drawn down Title 42, one of the most unpopular Trump-era policy holdovers. Title 42 allows for the rapid expulsion of migrants under the guise of sanitary protections during the pandemic. The Trump era holdover policy is still in effect under the Biden administration.