The Biden administration is proposing a new rule that effectively speeds up asylum processing at the U.S. border. Individuals with criminal records or otherwise determined to be ineligible for asylum will be turned back within days. This is a change from the current process that allows asylum-seekers to enter the U.S. while awaiting judicial review.

Currently, individuals seeking asylum are screened by agents at the U.S. border to determine if “credible fear” exists. If so, the individual enters the U.S. and awaits their court date. Under the new guidelines, border agents will also screen for a criminal background and determine if the individual is considered a security risk to the U.S. If so, the agent could refuse the claim and thereby not allow the individual to enter the U.S.

The change affects a small number of individuals, per those familiar with the process. Further, there is no change to eligibility, only making that determination earlier in the process. The proposed rule now enters a period of public comment before becoming active. Separately, the Biden administration is reportedly considering larger executive action options to address illegal southern border crossings.

In addition, U.S. Citizenship and Immigration Services (USCIS) released updated guidance to Asylum Officers for asylum processing. Per the guidance, officers are to consider whether the asylum seeker can find safety by relocating within the country they are fleeing. If relocation within the country they are leaving is determined to be an option, these individuals will not be eligible for protection in the U.S.

Alongside these efforts, Biden is being pressured to provide some relief to undocumented immigrants who are already in the U.S. and have been for an extended period. This includes spouses and family members of U.S. citizens, those with temporary protected status, and individuals who came to the U.S. as children.

As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about any family-based or employment-based immigration issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their particular situation.

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