The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have started to implement a new rule on May 31, 2022, for eligible asylum seekers who are subject to expedited removal to get the relief they need as soon as possible and those who are ineligible are removed immediately. This rule is designed to reduce backlogs for asylum applications and to speed up the overall process of seeking refuge. Here’s what you should know about the new rule by the NPZ Law Group.
Interim Final Rule
The interim final rule (IFR) of March 2022 (the Asylum Officer Rule) gives the authority to the US Citizenship and Immigration Services (USCIS) to consider specific asylum applicants subject to expedited removal who prove that they have a fear of torture or persecution during the necessary screening of their credible fear. This step can help reduce the administrative process of managing asylum cases from years to months.
Asylum seekers who were placed into proceedings of expedited removal after May 31 may be tried by the new rule. Moreover, the new rule will not be applicable to unaccompanied children.
The new rule will be implemented in phases, starting with only a few people first.
Under this rule, two Texas detention facilities are the first placement locations. Credible fear interviews will be conducted by Asylum officers telephonically.
Here’s how the new process’s implementation will be during the time it’s being carried out in phases:
• Asylum applicants being placed into expedited removal
• The Credible Fear Interview will take place while the asylum seekers are in detention. These people may be able to access providers of the Legal Orientation Program before their interview. Individuals can request for their decision to be IJ reviewed if the results come negative
• Asylum seekers in expedited removal with a positive result on the credible fear interview may be referred for a non-adversarial Asylum Merits Interview (AMI) by the USCIS if ICE allows it. Individuals may be released from detention and situated in alternatives to detention (ATD) to make sure they comply with their interview, hearing, and reporting obligations. They will have 7 or 10 days before the AMI (depending on whether they submit in person or via mail, respectively) or (if submitting by mail) to amend the record from the credible fear interview. This time frame also includes submitting additional evidence. Those eligible for asylum as decided by the USCIS will acquire a letter that will inform them of related procedures and applicable benefits.
• Those who do not acquire asylum by the USCIS will have their case referred to EOIR for proceedings of streamlined removal as per the Immigration and Nationality Act, Section 240.
If you have any questions about how these laws in the United States may impact you or your family, or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at firstname.lastname@example.org, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com