The Biden administration announced a new rule aimed at expediting asylum processing at the southern border for individuals believed to have committed serious crimes or have terrorist links. The change is intended to allow for the faster removal of individuals who pose a public threat from the country. Under the proposed rule, asylum officers will be able to consider criminal history or terrorist links during the initial screening stage to determine eligibility for asylum, potentially leading to quicker removal from the country. While the Department of Homeland Security did not provide specific figures on how many people would be affected by the rule, Republicans criticized the changes as insufficient.
The current asylum process in the United States allows anyone who arrives at the border to request asylum, but the bar for approval is high. To be granted asylum, individuals must prove persecution or fear of persecution based on certain criteria such as race, religion, nationality, social group membership, or political opinion. Most asylum seekers do not ultimately qualify, and the process can take years due to overloaded immigration courts. Some critics have called for more restrictive measures to be put in place, while others argue that the U.S. has a moral duty to protect those fleeing for their lives.
Last year, the Biden administration announced another rule aimed at restricting the asylum process, which made it harder for migrants arriving directly at the southern border to obtain asylum unless they used a government app or had attempted to seek protection in a country they passed through. This rule is still in effect and facing legal challenges. Immigration advocates have expressed concerns about making the credible fear screening process more difficult, as it is designed to have a lower bar than final asylum determinations to prevent wrongful removal of individuals. Gregory Chen of the American Immigration Lawyers Association emphasized the importance of barring individuals with criminal or terrorist backgrounds from asylum but raised concerns about the complexity of the legal analysis and lack of time for asylum seekers to seek legal advice.
Republicans have criticized the Biden administration’s handling of immigration issues at the southern border, particularly in light of the proposed rule change. While the administration is considering larger executive actions to address immigration, the timing of any announcements depends on changes in the number of illegal border crossings. Mexican government enforcement efforts have contributed to a recent decrease in illegal crossings after reaching a record high in December. The asylum system in the U.S. has faced scrutiny and calls for reform, with conflicting views on whether it should be more restrictive or maintain protections for those seeking refuge. As the immigration debate continues, advocates and lawmakers will continue to grapple with the complex legal and humanitarian issues surrounding asylum processing at the southern border.
