The administration of President Joe Biden issued a new immigration rule what are you looking for speed up asylum processes. The rule, which has not yet gone into effect, gives immigration officials the power to decide on asylum applications, instead of a court.
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The rule, which was introduced by the Department of Homeland Security and the Department of Justice, targets asylum seekers who entered across the border and are subject to express deportation.
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The difference with the current process is that the immigrant will present his case before an asylum officer and not in court.
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“This officer will have the right to adjudicate, in other words, accept, approve or deny this asylum application,” explained immigration attorney José Guerrero.
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If asylum is denied by this official, the applicant will be immediately referred to a judge, who will resolve the case. And if they reject you again, the deportation order will be executed.
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In this regard, the lawyer points out that “this could benefit many people, because they will have a quick decision, but at the same time, if you lost your case, then you will be deported quickly.”
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The rule does not specify how long applicants have between interviews, something that worries lawyers.
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“Sometimes cases take three or four years and people still cannot get the necessary evidence, because in their country of origin it is very difficult for them to get it. So I wouldn’t be surprised if this creates a problem where people can’t defend themselves,” said attorney José Guerrero.
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Another of the doubts generated by the rule is whether the immigrant will be released while waiting for the asylum interview.
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Statement by Senator Bob Menéndez
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Democratic Sen. Bob Menendez referred to the rule in a statement, saying he has always believed that all legal pathways to immigration should be modernized, including the asylum system, which is often the only legal pathway available to many immigrants. .
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But he emphasized that the application of the new rule must guarantee the protection of the rights of asylum seekers and their due process.
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The rule will not apply to unaccompanied minors.
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It will become effective 60 days after it is published in the federal register. It is currently in a public comment stage.
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