Friday, August 20, 2021

Expedited Asylum Procedures Proposed By DOJ and DHS

The Department of Homeland Security and the Department of Justice announced yesterday that they are publishing a 140-page Notice of Proposed Rulemaking (NPRM) (full text) to expedite handling of asylum claims for individuals encountered at or near the border. Asylum may be granted to a noncitizen who shows past, or a well-founded fear of future, persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The NPRM summarizes the proposed changes:

Under the proposed rule, such individuals could have their claims for asylum, withholding of removal ...  or protection under ... the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ... initially adjudicated by an asylum officer within U.S. Citizenship and Immigration Services.... [I]ndividuals who are denied protection would be able to seek prompt, de novo review with an immigration judge....