The United States will speed up the asylum decision-making process: those who are denied will be quickly deported
The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have published amendments to the current regulations as a key step towards the implementation of the US President Joe Biden's plan to create a fair, orderly, and humane immigration system. This is stated on the site DOJ.
US Citizenship and Immigration Services (USCIS) will now make decisions on asylum applications, suspension of deportation and protection under the Convention Against Torture (CAT). These cases are currently being referred to immigration judges at the Directorate of Immigration Control of the Department of Justice.
“Today marks a step forward in our efforts to make the asylum process fairer and faster,” said Attorney General Merrick Garland. "This rule will reduce the burden on our immigration courts and protect the rights of those fleeing harassment and violence."
“These proposed changes will significantly improve the ability of DHS and DOJ to more quickly and efficiently process asylum claims of persons encountered at or near the border, while ensuring fundamental fairness,” said Deputy Head of the Security Department Alejandro Mallorcas. - Persons who are eligible for this will receive help faster, and those who are not eligible will be promptly deported. We are building an immigration system that is designed to ensure due process, human dignity and justice. ”
“The existing system for processing asylum applications at the southwest border has long been in need of change. For almost ten years, the number of such applications has increased dramatically, and the system was unable to process everything on time, which led to many years of delays in the consideration of court decisions. The proposed rule is aimed at replacing the existing system with a better and more efficient one for fair and quick handling of claims for protection, ”the statement said.
Under the proposed process, a person who has a reasonable fear of expulsion will be referred to a USCIS asylum officer for a protection petition hearing. The asylum officer will be empowered to review asylum requests at first instance, as well as the right to a statutory suspension or postponement of expulsion, in accordance with the Convention against Torture. In the event of a refusal, the individual may request a de novo administrative review by an immigration judge in accordance with a simplified procedure, with the possibility of further administrative appeal through the Immigration Appeals Board.
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The rule also proposes a review of the criteria applicable to parole pending a decision. The proposal will allow DHS to grant parole when “detention is impossible or nearly impossible,” in addition to existing criteria related to emergency medical care and law enforcement objectives.
The rule will apply to persons who are subject to the expedited deportation process on or after the effective date of the final rule. The rule will not apply to unaccompanied children or persons already residing in the United States.
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