The Biden administration on Thursday proposed a rule aimed at speeding up the deportation process for migrants who are no longer eligible for asylum.
The change is not expected to have broad implications, but rather to tighten existing rules. It comes at a time when the White House and Democrats are offending each other over the border and immigration, one of the main issues heading into the presidential election.
“The proposed rule we have published today is another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here,” said Secretary of National Security Alejandro Mayorkas. “We will continue to take action, but fundamentally only Congress can fix what everyone agrees is a broken immigration system.”
What would the new rule do?
Currently, it can take years before immigrants who cross the border illegally are determined to be ineligible for asylum. The new rule would allow asylum officials to make that determination in a matter of days.
The rule would move checks for obstacles to asylum, such as criminal records or ties to terrorism, to the initial stage of the process, allowing immigration officials to quickly reject and deport those who do not qualify. It is not expected to stop more people from seeking asylum.
DHS said the number of immigrants subject to the bans is small, but did not offer concrete numbers.
Immigrants who intend to apply for asylum must first pass so-called credible fear interviews, which allow them to then present their case before an immigration judge. The regulation would allow asylum officials to verify risks to public safety or national security during the credible fear assessment.
Immigrant rights advocates say the change could slow and weaken the credible fear process, and would be difficult to implement without quickly hiring more asylum officers.
A senior DHS official who spoke to reporters Thursday on condition of anonymity said the agency is updating procedures to ensure that available information, including classified information, is shared as early as possible in the immigration process.
The official said the rule also allows the agency to save taxpayers money because many immigrants who are subject to asylum bans are detained throughout the immigration court process.
When does it come into effect?
The proposed rules could take months to finalize and must go through a public comment period before being implemented. That could make the timeline close before the November election.
The DHS official said the agency will accept comments for 30 days starting May 13 and expects to issue the rule fairly quickly after that.
What else has the Biden administration done to curb border crossings?
Last year, the administration began disqualifying immigrants from seeking asylum if they entered the United States illegally without first requesting humanitarian protection in another country, such as Mexico, along the way. This effectively prevents most people from accessing asylum if they cross illegally.
At the same time, the administration expanded a phone app, CBP One, that allows migrants in Mexico to schedule a time to be processed at official ports of entry. Officials also expanded a program that allows immigrants from certain countries, such as Venezuela, to fly directly to the United States if they have a sponsor.
On Wednesday, advocacy groups sued the federal government for records about its policies and practices related to the mobile app, calling it a barrier to asylum due to frequent technical glitches and months-long waits for an appointment.
What else is management considering?
The new asylum rule comes as the administration mulls other ways to reduce illegal border crossings before the election.
Biden said in an interview with Univision last month that he is considering invoking broad presidential authority to more broadly restrict asylum without congressional authorization. The action would employ a section of the Immigration and Nationality Act called 212(f), which allows presidents to suspend the entry of immigrants when it is considered harmful to the national interest.
Former President Trump used that authority to justify restrictions, including travel bans, against people from predominantly Muslim countries.
