Qualifying migrants can apply for asylum under a new program aimed to reduce the wait time for a decision from years to months. The new program is expected to impact only a few hundred individuals per month, per the Biden administration. Although the immediate impact will be minimal, the outlook is promising.

The new asylum policy will be rolled out in phases, starting at the southwest border. The purpose of the policy is to give individuals a faster resolution to their claims. Individuals will qualify for protection or be removed faster. Wait times for the resolution of asylum matters can last years. The goal is to provide justice quickly, while also ensuring due process. The immigration backlog is extensive, with asylum one element.

Simultaneously, the Title 42 law remains in effect, giving border agents the option to turn migrants away without the option to apply for asylum based on public health and the COVID pandemic.

As such, individuals coming to the U.S. from the southwest border will have three possible outcomes: qualify for the new asylum program, join others waiting for their asylum resolution in immigration courts which can take years, or be immediately turned back based on public health.

  • New asylum program: Immigration officials enact expedited removal, turning asylum-seekers away without a hearing. Under this process, a ‘credible fear’ interview is held with an asylum officer. The officer makes the decision to accept the individual under asylum policy or turn them away, without appearing before an immigration judge.
  • Existing asylum program: Individuals are allowed to enter the U.S. and await their matter to be heard in an immigration court. Under this existing approach, protections are limited, with wait times for court dates up to several years.
  • Refused at the border: Either under Title 42 or no credible threat found, individuals are turned away immediately at the border.

Currently, the new asylum application program is only available at the southwest border in one of two detention centers in Texas. The state of Texas filed a lawsuit to stop the plan but is not impacting the rollout of the new program. Expansion is considered for Boston, Los Angeles, Miami, New York, Newark, or San Francisco.

Two related policies are in question. The ‘Remain in Mexico’ policy requires U.S. asylum seekers to remain in Mexico until their application is finalized. The Biden administration tried to end this policy but was refused. Similarly, Title 42, the public health policy giving border officials the option to refuse applicants prior to submitting their asylum request due to the COVID pandemic, remains in effect.

If you have questions about the asylum process or any other immigration-related issue, contact us at ILBSG. We actively follow policy updates to ensure our clients get the right advice. See how we can help you, too.

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