The Biden administration is proposing a new rule to make asylum processing faster at the U.S. border. If a migrant has a criminal record or is otherwise determined to be ineligible for asylum, they will be sent back within days. This is different from the current process that allows asylum-seekers to enter the U.S. while waiting for their court date.

Currently, border agents screen individuals seeking asylum at the U.S. border to determine if “credible fear” exists. If so, the individual enters the U.S. and waits for their court date. Under the new regulations, border agents will also screen for criminal backgrounds and decide if the migrant is considered a national security risk. If they are, the agent can refuse their claim, keeping them out of the U.S.

This change affects only a small number of people, according to those familiar with the process. There is no change to eligibility, it will just be determined earlier in the process. The proposed rule will be open for public comments before becoming active. Meanwhile, the Biden administration is reportedly thinking about larger executive action options to address people crossing the southern border illegally.

Additionally, USCIS provided updated guidance to Asylum Officers in their review of asylum seekers. Officers are instructed to consider whether the asylum seeker can find safety by moving within the country they are fleeing. If so, these individuals will not be eligible for protection in the U.S.

Besides these changes, there is pressure on Biden to help undocumented immigrants who have been in the U.S. for a long period of time. This includes spouses and family of U.S. citizens, individuals with temporary protected status, and those who came to the United States as children.

As always, we actively monitor ongoing updates to U.S. immigration policy. If you have questions about any family-based or employment-based immigration issue, contact us. Our team of experienced attorneys work directly with our clients every step of the way.