New Plan Proposed to Reshape Certain Asylum Processing Procedures | Joseph & Hall P.C.

Lately, the Division of Homeland Safety together with the Division of Justice printed a proposed rule aimed, partially, at dashing up the processing of asylum claims by people encountered at or close to the southern border.

Presently, people in search of asylum who enter the U.S. and are topic to expedited elimination (a course of whereby immigration officers can rapidly deport sure noncitizens) can have an interview with an asylum officer to find out whether or not they have a reputable worry of persecution. In the event that they go this “credible worry interview,” their case is referred to the immigration courts. However with a backlog of over one million pending circumstances, it could possibly take years earlier than the person can current their case to an immigration choose.

Beneath the brand new proposed coverage, asylum-seekers who’re positioned in expedited elimination proceedings and go the credible worry interview will initially have their circumstances heard by asylum officers, fairly than immigration judges, after passing the credible worry interview.

Prime officers from the federal government say that this proposed course of would lead to processes which can be fairer and extra environment friendly than present methods.

Alejandro Mayorkas, Secretary of Homeland Safety, remarked that “[t]hese proposed modifications will considerably enhance DHS’s and DOJ’s capability to extra promptly and effectively contemplate the asylum claims of people encountered at or close to the border, whereas making certain elementary equity. People who’re eligible will obtain aid extra swiftly, whereas those that usually are not eligible will likely be expeditiously eliminated.  We’re constructing an immigration system that’s designed to make sure due course of, respect human dignity, and promote fairness.”

Anybody could submit a touch upon this proposed plan prior earlier than October 19, 2021.