The rule authorizes 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. Currently, such cases are decided only by immigration judges within the Justice Department’s Executive Office for Immigration Review (EOIR).
Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. When fully implemented, the reforms and new efficiencies will shorten the process to several months for most asylum applicants covered by this rule.
“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process,” said Attorney General Merrick B. Garland. “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.”
“The current system for handling asylum claims at our borders has long needed repair,” said Secretary Alejandro N. Mayorkas. “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.”
Under the rule, individuals who receive a positive credible fear determination will receive a timely interview with an asylum officer to elicit all relevant and useful information about their asylum claim. Following an interview, USCIS will decide whether to grant asylum, and, if necessary, determine the applicant’s eligibility for withholding of removal or protection under the Convention Against Torture (CAT).
Source: Justice Department and Department of Homeland Security Issue Rule to Efficiently and Fairly Process Asylum Claims | OPA | Department of Justice
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