Biden administration will propose toughening asylum rules for some migrants at the border

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WASHINGTON (AP) — The U.S. government plans to propose a new rule Thursday aimed at speeding up the asylum application process for some migrants, representing a possible prelude to broader measures later this year that would impose greater severity on the border.

The proposal affects migrants with criminal records or those who, based on other criteria, could be declared ineligible to receive asylum in the United States. The proposal, which the Department of Homeland Security plans to announce Thursday, was confirmed by four people familiar with its contents who were granted anonymity to detail plans that have not yet been made public.

Under current law, a migrant who arrives at the border and is subjected to an initial “credible fear” examination — one of the criteria on which asylum is based — can continue with the process even if he or she has a criminal record or represents a security risk. A judge would later determine whether that migrant qualifies for asylum.

According to the people consulted, the change would allow, in the initial selection phase, an official to make that decision instead of waiting for a judge. These same sources also indicated that the proposal affects a relatively small universe of migrants and those who would not meet the criteria to receive asylum protection anyway.

But despite those points, migrant rights advocates have previously raised doubts about any changes to the credible fear process, noting that migrants often do these interviews immediately after surviving dangerous journeys in which they risk life to get to the United States.

Therefore, the initial interviews are designed to have a relatively low level of demand, so that migrants are not unjustly deported, they say. And they have questioned how much legal help migrants in custody can receive to prepare them for this key first step toward an asylum claim.

It will likely be months before Thursday’s proposal, which was first reported by Politico, actually goes into effect. Biden continues to consider broader executive actions at the border, the timing of which depends largely on whether the number of illegal border crossings, which has steadily declined since December, increases.

The proposed rule also comes amid pressure from other Democrats and immigrant rights advocates to support immigrants already in the United States.

Janet Murguía, president of UnidosUS, a civil rights organization, said she met with Biden last week at the White House along with other Latino leaders to advocate for relief for migrants who do not have legal status but have been in United States.

“I think President Biden is open to this idea that he can do something. He has asked for more details,” indicated Murguía. “We are going to raise the issue at the White House. “We are going to raise the issue here on Capitol Hill, across the country, in every community.”

At a news conference Wednesday, Latino and progressive Democratic congressmen expressed frustration at the idea of ​​the White House clamping down on the border without also helping migrants who crossed the border illegally as children.

“Mr. President, we know what is in your heart. Let us reject extremist messages that denigrate migrants. Let us embrace our values ​​as a nation of migrants and provide relief to those who have long lived in the United States,” said Democratic Senator Alex Padilla of California.

Lawmakers are calling on the Biden administration to exempt spouses and other family members of U.S. citizens from deportation, and to expand temporary protected status, which allows people from countries ravaged by disasters and war to live and work legally in the United States. Joined.

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Associated Press writers Colleen Long, Rebecca Santana and Stephen Groves contributed to this report.