The Biden administration will propose stricter asylum standards for some migrants at the border

Seung Min Kim and Stephen Groves
| Associated press

Washington — The Biden administration plans to propose a new rule Thursday aimed at speeding up the asylum application process for some migrants — a possible prelude to broader actions by President Joe Biden later this year that would impose a bigger crackdown at the border .

It is intended to target immigrants with criminal records or those who would otherwise ultimately be ineligible for 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 elaborate on plans that were not yet public.

Under current law, a migrant who arrives at the border and undergoes an initial screening for “credible fear” – a criterion for asylum – is allowed to continue the process even if he has a criminal background or would pose a security risk. A judge would later determine whether that migrant would qualify for asylum.

The change would allow an officer at the initial screening stage to make that decision, rather than waiting for a judge, the people said. The people also said the proposal would affect a relatively small universe of migrants and those who would not qualify for asylum protection anyway.

But despite these caveats, immigration advocates have previously raised questions about any changes to the credible fear process, saying migrants often do these interviews immediately after surviving life-threatening dangerous journeys to the US.

That’s why the initial interviews are designed to set the bar relatively lower so that migrants aren’t wrongfully deported, they say. And they wonder how much legal help migrants in detention can actually receive to prepare them for this important first step towards an asylum application.

It will likely be months before Thursday’s proposal, first reported by Politico, would actually go into effect. Biden continues to consider larger executive actions at the border, the timing of which will depend in large part on whether illegal border crossings increase — they have declined steadily since December.

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

Janet Murguía, the president of UnidosUS, a civil rights organization, said she met with Biden at the White House last week with other Latino leaders to push for relief for immigrants who have no legal status but have been living in reside in the United States. .

“I believe President Biden is open to the idea that he can do something. He asked for more details,” Murguía said. “We’re going to argue the case in the White House. We are going to make the case here in the Capitol, across the country, in every community.”

At a news conference Wednesday, Latino and progressive Democrats in Congress expressed frustration at the idea that the White House would tackle the border without also helping immigrants who crossed illegally as children.

“Mr. President, we know what is in your heart. Let us reject the extremist messages that vilify immigrants. Let us embrace our values as a nation of immigrants and provide relief to the long-term residents of the United States,” said Senator Alex Padilla, a Democrat from California.

The lawmakers are calling on the Biden administration to provide deportation relief to spouses and other family members of U.S. citizens, as well as extend Temporary Protected Status, which allows people from countries ravaged by disasters and wars to live legally in the United States and work. .

At the same time, Democrats, especially those in political swing states, are encouraging the White House to take unilateral action to restrict border crossings.

In the Senate, Democrats are considering whether to vote on a series of border proposals to show Republicans’ opposition to faster border enforcement. And in the House of Representatives, 15 Democrats wrote a letter to the White House this week encouraging executive action.

“We need to make sure we bring those we encounter to justice as quickly as possible, especially around the type of administrative law judges at the southern border,” said Rep. Angie Craig, a Minnesota Democrat who led the letter. “And I think there is a limit to the number of people we can accept into our country with an asylum application. Ultimately, we cannot have a border that an unlimited number of people can simply cross.”

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

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