Joe Biden’s administration intends to modify the asylum system by giving immigration officials the role of judges, so that they have the power to approve or reject illegal immigrants.
The Department of Justice and the Department of Homeland Security proposed that in the face of a backlog of asylum cases, immigration officers would be allowed to decide on applications.
The proposed process would give officers the power to unilaterally approve applications for asylum, withholding of removal or claims under the Convention Against Torture.
If an officer denies an application, the applicant can seek administrative review by an immigration judge.
“Today marks a step forward in our effort to make the asylum process fairer and more expeditious. This rule will both reduce the caseload in our immigration courts and protect the rights of those fleeing persecution and violence,” Attorney General Merrick Garland said in a statement.
“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed. We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity,” added DHS Secretary Alejandro Mayorkas.
Changes to the asylum system
The current system provides that illegal migrants must be removed from the United States unless they apply for asylum “for fear of persecution.” DHS immigration officers determine whether asylum claims have merit. If they decide they do not, then an immigration judge can review the decision. If they decide they do, then an immigration judge conducts a hearing to make sure the claim is legitimate.
The high number of applications and the low number of immigration officers and judges has resulted in a backlog of 1.3 million asylum application cases. Most applicants must wait years before their claims are processed.
The situation has been exacerbated since Biden took office and ended Donald Trump’s immigration policies such as the “Remain in Mexico” program.
“The bottom line is that if you transfer the awesome power to grant asylum to staffers who essentially answer to the White House, then they will be ordered to grant asylum to all comers,” Todd Bensman, senior national security fellow at the Center for Immigration Studies, told The Epoch Times.
Biden Administration admits “unsustainable situation”
Homeland Security Secretary Alejandro Mayorkas admitted in a leaked audio that the immigration crisis is “unsustainable.”
Mayorkas, who is Joe Biden’s point man on immigration said that the federal government’s system was not designed to handle an influx of migrants like the one the United States has seen in recent months.
The Biden official finally admitted that immigration laws are not being enforced: “We’ve had this before. We know exactly how to shut it down. We need to outlaw illegal entry.”
Southern border out of control
The UN Refugee Agency (UNHCR) recently denounced that the United States is deporting Central American migrants to southern Mexico without evaluating their asylum requests. UNHCR expressed deep concern about this new practice on Thursday, August 12.
But just as the NGO denounces the massive expulsion of migrants, on the other hand, it was learned that the Biden administration has undertaken massive releases because the Border Patrol stations are completely “overwhelmed.”
In just four months the Biden-Harris administration released approximately 50,000 migrants who crossed the border illegally into the United States, and only 13 % have gone to the Immigration Office to proceed with their cases legally.
“It is unprecedented for agents to release migrants without an official notice to appear in court,” revealed an Axios report that reflects how serious the immigration crisis is at the southern border.
The Democratic administration would be leaving it up to the illegal migrants to decide whether or not to go to the offices to regularize their cases. A situation that highlights the vulnerability of the U.S. immigration system.