Under current procedures, when a border-crosser is placed in expedited removal proceedings, they may seek asylum by establishing fear of persecution. A U.S. Citizenship and Immigration Services (USCIS) officer makes the determination of whether or not a credible fear is established. If the officer finds credible fear, the case of the asylum-seeker is passed on to the immigration courts. These courts, however, are severely backlogged, and it could take years for a case to come before a judge.

To address the delays in the system and avoid the backlogged immigration courts, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) will publish a notice of proposed rulemaking (NPRM) to amend the current procedures. Under the new proposed system, asylum-seekers who are placed in expedited deportation proceedings will be able to have their case heard entirely by a USCIS asylum officer.

Asylum-seekers will have their case heard by an asylum officer if:

  • They are an adult or family,
  • They have been placed in expedited removal proceedings on or after the effective date of the final rule, and
  • They establish credible fear of being persecuted in their home country if such deportation were to proceed.

The asylum officer may grant the request of the asylum-seeker, allowing them to stay in the U.S. permanently. If the officer chooses not to grant asylum to the individual, the officer may also decide if the asylum-seeker is eligible for withholding of removal or deferral of removal under the Convention Against Torture (CAT). The asylum-seeker may also appeal their case to an immigration judge for review. If no appeal is filed or the appeal is unsuccessful, the removal process will proceed.

This new proposed procedure would reduce processing times and simplify the adjudication process for certain border-crossers who have been placed in expedited removal proceedings. This system allows asylum operations to more efficiently manage the rising number of asylum-seeking cases encountered near the border. The rule would not apply to unaccompanied children at the border because they are exempt from being place in expedited deportation proceedings.

If you have questions about an asylum case or any other immigration-related topic, contact us at ILBSG. We put our expertise and experience in immigration law to work for you to ensure you get the right advice.

asylum immigration Notice of Proposed Rulemaking USCIS