“More quickly identify and eliminate those individuals who present a security risk” to the United States.
That is the objective of the latest measure for immigration control at the southern border presented this Thursday by the Joe Biden government, to reject asylum requests more quickly and, in turn, to accelerate deportations.
The rule, they say, will apply to a small group of people. Specifically, for those who may pose “a risk to national and public security.”
This measure is taken at a time when immigration is a hot topic ahead of the United States elections next November.
While Republicans constantly criticize the Biden administration for being lax on this issue and having worsened the situation at the southern border, progressive Democratic ranks are calling for more attention and protection for migrants.
But what changes with this new rule and Who will it affect?
A change in times
The rule, laid out by the Department of Homeland Security, will affect those who are believed to have committed serious crimes.
Thus, it states that it will apply to “those convicted of particularly serious crimes”, related to terrorism or who have “participated in the persecution of others”.
It also includes those “who have reasonable grounds to consider them a danger to the security of the United States.”
This in itself is not a substantial change, since federal law already includes the denial of asylum in the United States to those who are considered a public threat.
The key point of the reform is when this denial of asylum occurs.
Until now, when someone arrived at the border, they were detained, and if they requested asylum, a long time passed until their case was studied and, if it was determined that the applicant had committed crimes, they were detained for subsequent deportation.
Under the proposed rule, the border migration agentswhich handle cases in their most initial stage, will be able to determine whether or not a person has cause for asylum or decide whether the detainee is a threat to the United States.
“Believable fear”
Specifically, this will occur in an initial stage of the asylum process called a “credible fear assessment,” which occurs a few days after someone is detained at the border.
Under U.S. and international law, anyone who arrives in the country can apply for asylum. To be granted it, they must demonstrate that they suffer persecution or fear of being persecuted in their country of origin for reasons of race, religion, nationality, membership in a particular social group or political opinion.
This is where that “credible fear assessmentwhich sets out the reasons why asylum is requested.
Until now, after this preliminary phase the case could go to an asylum agent and, if necessary, to an immigration court, which decides whether or not the applicant remains in the United States.
The process to finally be granted asylum can last for years in overcrowded immigration courts.
The majority of people who apply for it do not qualify to obtain it and, along the way, the Department explained, anyone with a criminal record is stopped and expelled.
Now, border agents will be able to consider in that interview whether the person has a criminal record or terrorist ties without going through these procedures and, if the decision leads to denying entry, they will be removed. expedited deportation.
The agency did not give figures on how many people would be affected, but he said it was small.
In general, immigration defenders have been reluctant to any measure that seeks to make the initial and credible evaluation of fear more difficult, according to agencies, because the interview is a moment of high vulnerability after surviving a long and dangerous trip. dangerous until reaching the United States.
More measures ahead of the elections
“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 failed immigration system,” he added.
More than 6.3 million migrants have been detained trying to enter the US illegally during Biden’s term, a higher number than in previous administrations, both Trump and his predecessors Barack Obama and George W. Bush.
While reaching a record level in December, border crossings have dropped in recent months, largely due to enforcement by the Mexican government.
Furthermore, the Biden government had already announced last year another rule much broader than the one announced now to restrict asylum
The rule made it extremely difficult for migrants arriving directly at the southern border to obtain asylum unless they used a government app to schedule an appointment or had already attempted to seek protection in another country on their way to the United States.
With the immigration issue on the electoral table, it is expected that, before November 5, the government will consider broader action to further restrict immigration at the border.
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