The Biden administration is considering changes to the nation’s asylum system in an effort to speed up the processing and potential removal of migrants arriving at the southern border. The proposed change would allow certain migrants to be processed through the asylum system first, rather than waiting in line. The goal is to process recent arrivals within six months, as opposed to the current backlog that can take years. This move is part of a broader strategy to dissuade people from making the trip to the U.S.-Mexico border.

The new rules would apply to individuals who cross between ports of entry and surrender themselves to immigration authorities. Currently, when migrants arrive at the border, especially families, they are typically released into the country while they wait for their asylum court dates, a process that can take years. By processing new arrivals quickly, the administration hopes to discourage others from attempting to make the journey. A record 3 million cases are currently clogging the nation’s immigration court system, with each judge handling an average of 5,000 cases.

Efforts to expedite the asylum process have been made by previous administrations, including those of Presidents Obama and Trump. In 2022, the Biden administration introduced a plan to have asylum officers, rather than immigration judges, decide on a limited number of family claims in nine cities. However, there has been little support for these initiatives. U.S. Immigration and Customs Enforcement also launched a program in 45 cities to speed up initial asylum screenings for families and deport those who fail within a month. Despite these efforts, the immigration court system continues to face challenges due to the high volume of cases.

A bipartisan border agreement proposed earlier this year included funding for 100 new immigration judges and aides, but the legislation did not advance after Trump urged fellow Republicans to reject the deal. Advocates for immigrants have raised concerns about expediting proceedings for migrants who arrive at the U.S. border after difficult journeys. The administration’s plans to make changes to the asylum system are part of a larger strategy to address the ongoing challenges at the border and to streamline the processing of asylum claims. The proposed changes could have an impact on the way migrants are treated and the speed at which their cases are resolved.

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