Tuesday, February 1, 2022

Biden Administration Releases Its Blueprint for Dismantling the Border

The first is one that the Center has written on extensively: A plan to give asylum officers primary jurisdiction over asylum applications filed by illegal migrants encountered by CBP, and to allow DHS to release tens of thousands of arriving aliens into the United States monthly on what is known as "Parole".

Back in August the administration published a notice of proposed rulemaking, where it stated its plans to allow AOs to adjudicate not just credible fear claims, but also underlying claims for asylum, too.

Why does the Biden administration want to waive that I-589 requirement? To ensure that applicants don't "Forget" to file their asylum applications within one year of entry, and to enable them to get employment authorization to work in the United States as quickly as possible - seriously, the proposed rule states as much.

Under the current system, by contrast, there is an ICE attorney to cross-examine the alien, offer evidence to contradict the alien's claim, and appeal an erroneous IJ decision, as the Center explained in its comment in response to that proposed rule.

Is the Border Asylum System Overwhelmed, or Misapplied? The unified agenda asserts that this change is necessary because: "There is wide agreement that the system for dealing with asylum and related protection claims at the southwest border has long been overwhelmed and in desperate need of repair."

The first part of that sentence is correct, but the second part is in error because the administration elides a key fact: Congress intended to dissuade illegal migrants with weak or frivolous claims from exploiting the "Credible fear" system by mandating that aliens in expedited removal be detained from the point at which they are apprehended until their asylum claims are adjudicated or they are ordered removed.

These proposals would wipe away those limits, allowing the administration to funnel virtually every alien who can make it to the Southwest border into the United States, and by granting them asylum, placing the vast majority on a path to citizenship.

https://cis.org/Arthur/Biden-Administration-Releases-Its-Blueprint-Dismantling-Border 

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