What will be the effect of the Biden administration’s new asylum regulation?

NORTH TEXAS — The situation on the US-Mexico border is repeatedly mentioned by voters as one of the issues they care about most before the November elections.

The problems at the border are multi-faceted, but one concern is how long the asylum procedure can take. Years can pass between the moment an asylum seeker crosses the border and his or her hearing in court.

The Biden administration recently issued a new regulation aimed at speeding up this process. However, not everyone is convinced that this move will help solve the court backlog, and some are worried about the costs.

What will the new regulation change?

Put simply, this new regulation would allow asylum officials to reject migrants at an earlier stage.

There are already some barriers that prevent some migrants from applying for asylum. These stripes include if the migrant:

• He was convicted of a “particularly serious crime”
• He poses a threat to national security
• Participated in the persecution of any person due to race, religion, nationality, membership of a particular social group or political beliefs
• He committed a “serious crime of a non-political nature” outside the United States
• Before coming to the United States, he was permanently resettled in another country

Currently, these bars are considered later in the immigration process by an immigration judge. Under the new proposal, an asylum officer would be empowered to consider these obstacles during a credible concerns hearing, which determines whether an asylum seeker’s claim is justified. This usually happens shortly after the migrant arrives in the country.

Paul Hunker, former general counsel for U.S. Immigration and Customs Enforcement in Dallas and current partner at the immigration law firm DMCA, LLP, says it can be a problem for asylum officials to make “very complex decisions” in a short period of time.

“Even my lawyers would have a hard time making those calls, and judges would have a hard time making those calls,” Hunker said.

In most cases, when given a credible fear interview, migrants do NO had the opportunity to consult with a lawyer, which may affect the outcome.

Data kept by TRAC – Syracuse University shows that of the 1.2 million immigration cases it has recorded in Texas since 1998, 835,000 resulted in removal orders. Of these cases, 711,000 involved migrants without legal representation.

“It can be difficult for people who have experienced a lot of trauma on the journey north to explain why they have a right to asylum,” Hunker said. “I really don’t think it’s going to save a lot of time, and the cost is that… non-citizens who are really eligible to apply for asylum will be prevented from applying.”

The new regulation is not yet in force. There is a 30-day public comment period that runs through June 12.

Who qualifies for asylum?

The right to seek asylum was first enshrined by the United Nations General Assembly in 1948. It was later enshrined in federal law by the United States in the 1980 Refugee Act.

Not everyone who wants to flee their country qualifies for asylum under U.S. law. In fact, there are only five categories of asylum seekers. A person must fear persecution because of:

• Race
• Religion
• Nationality
• Belonging to a specific social group
• Political opinion

Find out more about the asylum process below: