DHS and DOJ Publish Notice of Proposed Rulemaking that Would Allow Asylum Officers to Fully Adjudicate Cases Previously Assigned to Immigration Judges

On Aug. 20, 2021, the Department of Homeland Security (DHS) and Department of Justice (DOJ) will be publishing a notice of proposed rulemaking (NPRM). This NPRM would amend their regulations so that individuals screened into expedited removal who are found to have a credible fear could have their claims for asylum, withholding of removal, or protection under the Convention Against Torture (CAT) initially adjudicated by a USCIS asylum officer through a non-adversarial proceeding, as opposed to in immigration court by an immigration judge.

Currently, only immigration judges with DOJ’s Executive Office for Immigration Review adjudicate these cases. The NPRM proposes to reduce processing times by allowing USCIS asylum officers to adjudicate claims for asylum, withholding of removal, and CAT protection from individuals who have received a positive credible fear determination.
These changes are intended to improve the ability of the U.S. asylum system to fairly and efficiently handle the rising number of protection claims made by those encountered at the border, and to reduce the backlog of asylum applications in immigration courts.

This rule would only apply to adults and families who are placed into the expedited removal process on or after the effective date of the final rule. It would not apply to unaccompanied children, who are statutorily exempt from being placed into expedited removal.

If you have questions or need additional information about US Immigration and Nationality Laws, please feel free to contact the NPZ Law Group. If you have more questions on how these laws in the US may impact you or your family, contact the lawyers specialized in US Immigration and Nationality laws at our law firm. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 (x104). In addition to that, we invite you to find more information on our website at www.visaserve.com