Biden’s Asylum Rule Expected To Have ‘Minimal’ Effect On Unauthorized Border Crossings
DEBARYLIFE – As per analysts, immigrant rights organizations, and proponents of illegal migration, the most recent initiative taken by President Joe Biden’s administration to address the antiquated asylum system in the United States is unlikely to make a significant dent in the enormous volume of unapproved border crossings.
An accelerated policy to expedite the expulsion of certain migrants who are not eligible for asylum was unveiled by the Department of Homeland Security on Thursday.
According to the new regulation, if an individual’s criminal record is thought to constitute a threat to national security, immigration agents at the southern border may reject an asylum claim right away. Deportation would be an option in that situation.
This assessment may be made in the “credible fear” phase, a few days after the immigrant first interacts with immigration officers. It is at this point that migrants claim that returning to their home nations would result in persecution, torture, or even death.
The proposed regulation, according to Homeland Security Secretary Alejandro Mayorkas, “is yet 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.”
“We will continue to take action, but fundamentally it is only Congress that can fix what everyone agrees is a broken immigration system,” Mayorkas added.
The number of unlawful migrants and the underlying causes of mass migration, according to immigration policy analysts, would not be significantly reduced by the regulation.
The head of immigration policy at the Bipartisan Policy Centre in Washington, D.C., Theresa Cardinal Brown, told NPR that “the vast majority of the people arriving at the border right now are not going through (the) credible fear process.” “So, the number of people (this rule) would apply to is small relative to the number of arrivals at the border right now.”
Immigration agents’ methods for evaluating immigrant claims are not clear.
Even ICE attorneys find it difficult to determine the seriousness of the crimes committed by asylum seekers, according to Paul Hunker, a general counsel for the U.S. Immigration and Customs Enforcement agency from 2003 to 2024, serving in both Democratic and Republican administrations.
Hunker added that evaluating claims of credible fear can be flawed as a result of hasty decisions made at borders.
According to Hunker, “people will be found to have committed particularly serious crimes when they aren’t” since the new regulation would give other immigration officers the authority to make those decisions.
Critiques From Both Parties
As anticipated— or rumored— to be, Biden’s proposal is not as comprehensive.
Hunker believes Biden is trying to come out with a stronger immigration stance by implementing the new rule.
It is the opinion of Republicans that Biden is not doing enough in response to criticism of his management of the Southern border.
The country has seen record numbers of unauthorised crossings along the Southern border over the last four years, however, this year has seen a decline.
Biden’s suggestion was deemed “feckless” by Texas Governor Greg Abbott in a statement.
Republican governors suing the Biden administration over border security include Abbott among their many.
“Now, desperately grasping to salvage his failed presidency, President Biden attempts the most minimal action possible, hoping to mask the crisis he created,” Abbott explained.
Opponents of immigration rights argue that neither the new proposed rule nor Biden’s pledge to improve the asylum process would address problems at the border.
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According to Raha Wala, the National Immigration Law Center’s vice president for strategic alliances and activism, the regulation is a continuation of ongoing initiatives to “further curtail the due process rights of asylum seekers.”
“There’s almost no evidence under the current system that any terrorists or criminals are getting in on any sort of systematic basis through the asylum system,” Wala added.
He is concerned that legitimate asylum seekers may be unfairly denied.
“Asylum seekers need to be able to prepare for their case, to have counsel to withstand the incredible scrutiny and trauma that they experience on what is often a long and arduous journey after being persecuted,” said Wala.
However, the ruling by Biden is a good step forward for one advocacy group for immigration rights.
National Immigration Forum, an advocacy group based in Washington, D.C., claimed its president and CEO, Jennie Murray, “will change the process slightly.” “There’s a considerable backlog, and if this (rule) can help us to shorten the years-long asylum backlog, and avoid long detention stays for this group of people, of course, that’s a net positive for the U.S. immigration system.”
She added that additional policy changes are required to curb illegal immigration, not only regulations or executive orders.
“The fact that Congress is doing nothing and putting this pressure on the administration, who then has to issue a (rule) and hope it doesn’t get hold up in adjudication is perplexing,” Murray commented.
The proposal’s future is likewise unknown.
A top-level DHS representative informed reporters on Thursday that they anticipate releasing the proposal on Monday along with a 30-day window for public feedback. This year, officials intend to establish a final rule.
Though supporters anticipate Biden’s order to be contested as well, a similar proposal by former President Donald Trump in 2020 was blocked by a federal judge.