The Biden administration intends to introduce a new rule on Thursday to speed up the asylum claims process for certain migrants, which could be a possible prelude to broader actions from President Joe Biden involving a more extensive crackdown at the border.
The Proposed Asylum Process
The proposal targets migrants with criminal records or those who would otherwise be deemed ineligible for asylum in the US, as confirmed by four anonymous sources familiar with the contents yet to be announced by the Department of Homeland Security on Thursday.
Under current law, a migrant who arrives at the border and passes an initial screening for credible fear, which is a requirement for asylum, can proceed with the process regardless of any criminal background or security risk they may pose, with a judge later deciding their qualification. However, in the proposed change, an officer at the initial screening stage will be allowed to make this determination instead of waiting for a judge. This proposal would impact a relatively small number of migrants and those who would not qualify for asylum protections, as stated by sources familiar with the matter.
Concerns on Altering The Credible Fear Process
Despite these considerations, immigration advocates have previously raised concerns about altering the credible fear process, arguing that migrants often undergo these interviews immediately after surviving life-threatening journeys to reach the US, making the initial interviews designed to have a relatively low threshold to prevent wrongful deportations. They have also raised concerns about the legal assistance available to migrants in custody to adequately prepare them for the crucial first step in pursuing asylum.
Thursday's proposal is likely to take several months to implement. President Biden is considering broader executive actions regarding the border, the timing of which hinges largely on whether illegal border crossings rise despite steadily decreasing since December. The proposed rule also emerges amidst pressure from fellow Democrats and immigrant rights advocates to support immigrants already residing in the United States.
Advocates' Differing Stances on The Immigrants' Relief
Janet Murguía, the President of UnidosUS, a civil rights advocacy organization, met with President Biden last week at the White House along with other Latino leaders to advocate for relief for immigrants lacking legal status but residing in the United States for years, believing that the President is receptive to this idea. Murguía emphasized their commitment to making the case in the White House and Capitol and communities across the country.
Latino and progressive congressional Democrats expressed frustration at the White House's focus on border enforcement without addressing assistance for immigrants who arrived illegally as children, with Senator Alex Padilla, a California Democrat, appealing to President Biden, urging him to reject extremist anti-immigrant rhetoric and instead embrace the nation's values as a land of immigrants by providing relief for long-term residents of the United States.
The lawmakers are urging the Biden administration to offer protection from deportation to spouses and other family members of US citizens and also advocate for extending temporary protected status, which permits individuals from countries affected by disasters and conflicts to reside and work legally in the United States. Meanwhile, Democrats, particularly those in politically crucial swing states, urge the White House to act to reduce border crossings independently.
While Democrats are contemplating whether to bring forth a set of border-related proposals for a vote to demonstrate Republican opposition to faster border enforcement in the Senate, 15 Democrats wrote a letter to the White House this week, urging executive actions.
Representative Angie Craig, a Minnesota Democrat who spearheaded the letter, emphasized the importance of promptly adjudicating individuals crossing the border, particularly by deploying administrative judges to the southern border. She also noted the need to establish limits on the number of people accepted into the nation based on asylum claims, highlighting the necessity of maintaining a border where an unrestricted influx of people can cross.
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