Asylum interview screening at the border is being completed at twice the rate per month as a year ago, per the Department of Homeland Security (DHS). Due to toughened requirements enacted by the Biden administration in May 2023, fewer individuals are qualifying for asylum. However, the overall number of asylum seekers who completed the interview process remains a fraction of those who claim fear of persecution.

Roughly, 85% of migrants who claimed fear of persecution between 2014 and 2019 passed the initial screening completed at the border. Under the new Biden rules, that rate dropped to 59%. There is a wide gap between the number of individuals passing the initial screening and those ultimately being granted asylum. With the backlog in U.S. immigration courts, it can take between five and seven years for an asylum case to be considered.

Over 115,000 migrant credible fear interviews were completed between May 2023 and February 2024, per DHS. All 1,000 current asylum officers are assigned to border processing. Additional staff with previous asylum training may also be reassigned to the border. Although not all individuals pursue asylum claims at the border, thousands of migrants are released to the U.S. as there is not sufficient capacity to hold applicants for screening.

The government has limited detention facilities and seeks more asylum officers. Previous efforts to provide funding for these needs is stalled. A recent bipartisan proposal suggested hiring up to an additional 4,300 asylum officers and providing more funding for detention and deportation. Due predominantly to Republican opposition, efforts to address the needed funding are not productive. The Biden administration is reportedly considering executive action to deter illegal crossings and expand asylum restrictions. However, the most recent information from DHS shows that asylum policy changes would likely have little effect unless additional staffing and more detention and deportation resources are found.

As always, ILBSG monitors ongoing updates on U.S. immigration policy. If you have questions about any U.S. immigration issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice.

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