201-470-4181Biden’s recent changes to the rules for Asylum…A big overhaul
By N.A. Pagliara, Esquire of Pagliara Law Group, P.A. posted in Immigration Law Blog on March 25, 2022.
The new rule is meant to make the time shorter between an immigrant crossing the border and the final say on whether they will be deported or allowed to stay in the the United States.
There are three changes with the new rules under President Biden’s plan. There are now immigration officers who will decide the cases not judges. Second, asylum seekers will be able to get out on parole while they wait for their application to be decided. Third, the process should take 6 months not 6 years.
1. Asylum officers, rather than just immigration court judges will decide cases now at the border
This should shorten the process as the judges are overwhelmed with a heavy caseload and backlog but at the same time there is only a limited amount of officers at the border to decide the outcome.
The new process is part of an effort to shorten the time between when an immigrant crosses the border and the ruling on whether they should be deported or allowed to stay in the United States.
Under the new rule, if an asylum officer grants protections to an immigrant, the immigrant can remain in the U.S. and bypass immigration courts.
If an asylum officer decides the opposite that an immigrant is not approved for asylum, the case will then have to go to an immigration judge who only has 90 days to decide if the immigrant should be deported.
There is still going to be a challenge because the immigration courts are backlogged with over 1.2 million cases, with up to a 2 year wait for most immigrants to even receive a decision.
2. 6 Months not 6 Years
This new rule should streamline the process and unclog the courts. The complete process will now take six months, compared with a current average of about six years.
3. The plan is to release many asylum seekers through a parole status while they go through the process
This could draw even more hopeful migrants to the border if they know they will not be in prison while they wait their case if they are caught. In recent weeks, border officials have been apprehending more than 13,000 undocumented migrants a day, according to internal data shared with The New York Times.
4. Current situation at the border
The new rule comes at a vital time, as border officials try to manage a record number of migrants crossing the southwestern border. Thousands of undocumented migrants a day are already being released into the country, sometimes daily, many with plans to apply for asylum. If you need an attorney please contact our asylum lawyers at Pagliara Law Group for your asylum petition.
This is a huge reform to the asylum system in a long time, and will broaden the chances you have and actually institutes meaningful structural reforms. We are here for you.
AUTHOR: Nicholas A. Pagliara, Esq. Founder, Chairman of the Board and Managing Attorney of Pagliara Law Group, PA.
Contact Us: Our attorneys represent people in your asylum petition. Call us at (201) 470-4181 or fill out the contact form on this page. We can help.
Tags and Topics: Refugee, Asylum, Biden Immigration, Immigrants, Immigration Law See our Immigration Law practice group, Asylum,
