In a recent interview, the Department of Homeland Security (DHS) Secretary Mayorkas stated some migrants coming to the U.S. southern border are trying to ‘game’ the asylum system. Recognizing that this is not the case with all asylum seekers, he recognizes that it does occur. Further, Mayorkas stated these individuals are dealt with accordingly.

The comment was made in response to a question about concerns some Americans have about immigration at the southern border. Record levels of migrants crossing the southern border have been reported in the last three years. Immigration is now considered a top issue going into the 2024 Presidential election.

The Republican party focuses on increasing restrictions or bans on asylum to deter those who do not qualify. The Democrats focus on speeding up the processing of claims. Resolving cases faster grants asylum to those who qualify, and deports those who do not, without the years long wait.

Per U.S. law, individuals who are physically on U.S. soil can request asylum, even if they enter the country without a legal basis. However, asylum seekers must prove they face danger in their previous residence due to their nationality, race, religion, political views, or as part of a social group. Those who cannot meet the legal requirement, however, may be in the U.S. for years prior to their case being heard. Recent updates, including the Recent Arrivals Docket, are attempting to reduce the wait time.

A bipartisan group of lawmakers developed a border security proposal that provides additional resources to border agents to deal with the increased border crossings. However, the proposal did not move forward due to a lack of Republican support. The proposal also raises the requirement for passing the initial asylum interview and gives the president the ability to stop asylum processing between ports of entry, with requirements.

ILBSG actively monitors ongoing news about U.S. immigration, including asylum. If you have questions about any employment-based or family-based immigration issue, contact us. Our team of attorneys have deep experience across the spectrum of immigration issues and works with each client in their unique situation to ensure they get the right advice.

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