As of Tuesday, May 31, asylum seekers will present their cases to officials from the Department of Homeland Security and will not have to wait for the judges to define their immigration status.
The plan, which was announced by the Biden Administration at the end of March, aims to streamline the processes of migrants crossing the border.
Asylum officers will have 90 days to resolve the cases.
Upon receiving the request, the official will assess what is known as credible fear and will interview the applicant during the first 30 days, according to information obtained by the CBS network.
Afterward, officials will have 60 days to deny or grant asylum.
If the ruling is favorable, they will be able to remain in the country and opt for permanent residence one year after the decision.
Asylum-seeking migrants, under the Migrant Protection Protocols (MPP) program, wait at the Paso del Norte International Bridge to attend a court hearing for asylum in the United States, Ciudad Juárez, Mexico on March 15, 2022 .Jose Luis Gonzalez / REUTERS
If the asylum officer denies an applicant's request, the migrant can request a reconsideration of their case with the Citizenship and Immigration Services, within seven days of the resolution of their case, agency officials told in March. Los Angeles Times.
If another answer is still negative, the applicant could go to an immigration judge to review their case and then present it before the Board of Immigration Appeals and the federal circuit courts.
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The measure takes effect two weeks after a federal judge barred President Joe Biden from ending Title 42, the policy imposed by former President Donald Trump during the pandemic in 2020 under which applicants can be immediately expelled. asylum for public health reasons.
Thousands of migrants traveled to the southern border with Mexico waiting for the measure to end on May 23, as the government had planned, but several were adrift due to the ruling.
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"Through this regulation, we are building a more functional and sensible asylum system to guarantee that people who meet the requirements will receive protection with greater agility, while those who do not meet the requirements will be expelled quickly," said Alejandro Mayorkas, secretary Homeland Security in a statement.
Politics also wants to end the delay in the migration system.
There are currently 1.7 million pending cases of which 40% are asylum cases.
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It is estimated that the wait for a Citizenship and Immigration Services asylum officer to take a case will be
months, instead of the years
it now takes for an immigration court appointment.
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The agility of the process is a benefit but also a concern for pro-immigrant activists who suggest that the short time for applicants to prepare their cases or documents would play more against than for.
"Rushing asylum seekers through adjudications without sufficient time to secure legal representation, gather evidence or prepare their cases is ineffective and counterproductive," Eleanor Acer, senior director of asylum seekers' protection, told The New York Times. refugees at Human Rights First.
In four months the flow of migrants has remained above 200,000 on the southern border.
In April, more than 234,000 people irregularly crossed the border with Mexico, up from 221,000 in March.
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