The Biden administration announced it is issuing a new rule that will reportedly reduce the time for processing asylum claims.
Coming from the Department of Justice and Department of Homeland Security, this new rule allows “asylum officers within U.S. Citizenship and Immigration Services (USCIS) to consider the asylum applications of individuals subject to expedited removal who assert a fear of persecution or torture and pass the required credible fear screening”.
As of right now, only immigration judges can decide these matters, which has led to a large backlog of cases.
In a statement, Homeland Security Secretary Alejandro Mayorkas said “The current system for handling asylum claims at our borders has long needed repair”.
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.
Alejandro Mayorkas
The goal under the new rule is to resolve asylum cases within approximately 180 days. After beginning expedited removal proceedings and passing their credible fear assessment, a person would be interviewed by an asylum officer.
Instead of an immigration judge, USCIS is tasked with deciding whether that person is granted asylum or will be deported.
USCIS officials said the initial process for deciding who is placed into expedited removal proceedings will remain the same. If USCIS determines a person does not have a credible fear of persecution or torture, they will have that decision reviewed by an immigration judge.
“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process,” said Attorney General Merrick Garland.