The Department of Homeland Security (DHS), under the Biden-Harris Administration, has announced a Notice of Proposed Rulemaking (NPRM) that aims to enhance border security and streamline asylum processing. The proposed rule, published through U.S. Citizenship and Immigration Services (USCIS), will allow statutory bars to asylum to be applied earlier in the process, enabling quicker removal of those posing a risk to national security or public safety.
Federal law currently prohibits individuals who pose a threat to national security or public safety from seeking asylum and withholding of removal. These individuals include those convicted of serious crimes, participants in persecution, those deemed inadmissible on national security or terrorism-related grounds, or anyone considered a danger to the United States' security. However, under existing procedures, eligibility for asylum is determined at a later stage in the process. The proposed rule would enable Asylum Officers to consider these bars during initial credible fear screening, allowing for expedited removal of threats.
Secretary of Homeland Security Alejandro Mayorkas said: “The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here.” He added that only Congress can ultimately fix what is widely agreed upon as a broken immigration system.
Noncitizens posing a national security or public safety risk remain in DHS custody while their cases are referred for full immigration hearings before an immigration judge. This process can take years and consume significant resources. The proposed rule would empower Asylum Officers to deny claims within days after an individual is encountered if there is evidence that they are barred from asylum due to terrorism, national security, or criminal reasons.
In tandem with this proposed rule, DHS is updating its policy regarding the use of classified information in immigration proceedings. The department also continues enforcing the Circumvention of Lawful Pathways (CLP) rule, which encourages the use of orderly processes and imposes swift consequences for those without a legal basis to remain in the United States.
The Biden-Harris Administration has already taken numerous actions to address migration challenges while expanding lawful pathways. These efforts have resulted in the removal or return of more than 720,000 individuals from May 12, 2023 through May 1, 2024, most of whom crossed the Southwest Border. The administration continues to call on Congress to pass needed reforms and provide DHS with necessary resources and tools for expedited processing at the border.
The public is invited to submit comments on the NPRM during a 30-day public comment period from May 13, 2024 to June 12, 2024.
