The Mercury News Weekend

New rules aim to decide asylum cases in a few months, not years

- By Amy Taxin and Elliot Spagat

The Biden administra­tion Thursday unveiled new procedures to handle asylum claims at the U.S. southern border, hoping to decide cases in months instead of years.

The rules empower asylum officers to grant or deny claims, an authority that has been limited to immigratio­n judges for people arriving at the border with Mexico.

Until now, asylum officers have only done initial screenings for asylum and other forms of humanitari­an relief for border arrivals.

The change could have far-reaching impact, but administra­tion officials said they will start slowly and without additional resources. It will take effect 60 days after the rule is published in the Federal Register, which will occur next week.

The administra­tion estimated last year that it would need to hire 800 more employees for asylum officers to handle about 75,000 cases a year. Without more money and new positions, it is unclear how much impact the move will have at first.

The United States has been the world's most popular destinatio­n for asylumseek­ers since 2017, according to the U.N. refugee agency, putting enormous strain on immigratio­n courts. The court backlog has soared to nearly 1.7 million cases.

“The current system for handling asylum claims at our borders has long needed repair,” said Homeland Security Secretary Alejandro Mayorkas, whose department includes asylum officers at U.S. Citizenshi­p and Immigratio­n Services.

Attorney General Merrick Garland said the new procedures will ease burdens on immigratio­n courts, which are part of the Justice Department. Asylum claims for people who are not detained take an average of nearly four years to decide.

“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiou­sly and consistent with due process,” Garland said.

Under the new rules, asylum officers expect to decide cases in 90 days. Rejected applicants will be sent to immigratio­n judges, who also expect to issue decisions in 90 days.

Judges will be able to complete cases faster with detailed documentat­ion from asylum officers, officials said.

Some immigratio­n advocates hailed the changes as a way to ensure people fleeing persecutio­n won't have to wait years to receive asylum or other protection­s in the United States. Others said it's pushing people through a complex immigratio­n far too quickly for them to get lawyers who can assist them in making an asylum claim.

 ?? EUGENE GARCIA — THE ASSOCIATED PRESS ?? A group of migrants make their way around a gap in the U.S.-Mexico border in Yuma, Ariz., in 2021. The Biden administra­tion has unveiled new procedures that empower asylum officers to grant or deny claims, an authority that has been limited to immigratio­n judges for people arriving at the border with Mexico.
EUGENE GARCIA — THE ASSOCIATED PRESS A group of migrants make their way around a gap in the U.S.-Mexico border in Yuma, Ariz., in 2021. The Biden administra­tion has unveiled new procedures that empower asylum officers to grant or deny claims, an authority that has been limited to immigratio­n judges for people arriving at the border with Mexico.

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