This Tuesday marks the start of the first phase of a new protocol that grants temporary discretionary powers to asylum officers at the U.S. Citizenship and Immigration Services (USCIS), who will be able to grant, deny, or refer asylum cases at the border with Mexico, a privilege previously only available to immigration judges.<\/p>\n\n\n\n
The Joe Biden Administration announced that migrants who pass the credible fear interview after May 31 may be referred to a court and possibly continue their legal proceedings while free.<\/p>\n\n\n\n
The start of this project occurred at the end of March when the Departments of Justice (DOJ) and Homeland Security (DHS) announced an Interim Final Asylum Rule that grants these benefits before cases reach immigration courts.<\/p>\n\n\n\n
According to DHS members, this protocol will be activated to \u201cimprove and expedite the processing of asylum applications filed by non-citizens subject to expedited removal, ensuring that those who are eligible for asylum receive prompt assistance, and those who are not are placed in expedited removal proceedings.\u201d.<\/p>\n\n\n\n
The decision to implement this mechanism was made to alleviate the courts "due to existing judicial delays." By the end of April, the Office of Immigration Case Review (EOIR - Immigration Court -) had accumulated more than 1.7 million cases.<\/p>\n\n\n\n
The government explains that the program will be implemented in phases, gradually starting with a small number of people and growing as USCIS develops operational capacity over time.<\/p>\n\n\n\n
\u201cBeginning May 31, DHS will seek to refer approximately hundreds of non-citizens each month to USCIS for an Asylum Merit Interview (AMI) following a positive credible fear determination,\u201d the rule explains.<\/p>\n\n\n\n
Initially, the regulation states, referrals for an Asylum Merit Interview (AMI) will be limited to those individuals who indicate to USCIS and Immigration and Customs Enforcement (ICE) \u201ctheir intention to reside in one of the following six cities: Boston, Los Angeles, Miami, New York, Newark or San Francisco.<\/p>\n\n\n\n
Finally, the new protocol covers families and clarifies that it \u201cwill not apply to unaccompanied minors.\u201d These cases will be handled under existing laws and regulations, including the 1997 Flores Settlement Agreement. The DHS also indicates that the first locations where the new provisional asylum rule will be implemented are two detention centers in the state of Texas.<\/p>\n\n\n\n
News report based on information from: Univision<\/p>\n\n\n\n