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Immigration/Border / Biden’s Curiously Timed Effort to Bar Asylum to Terrorist and Criminal Migrants
« Last post by rangerrebew on Today at 01:15:08 pm »Biden’s Curiously Timed Effort to Bar Asylum to Terrorist and Criminal Migrants
Could recent incursions by aliens at U.S. military bases be playing a role?
By Andrew R. Arthur on May 14, 2024
The Biden administration published a proposed rule yesterday that would allow asylum officers (AOs) to consider criminal and national-security bars to asylum during credible-fear interviews of illegal migrants. That’s curious given that the administration previously reversed a Trump-era rule that would have done the same thing. It's also curiously timed given that it was issued just over a week after a little-reported incident in which “a Jordanian foreign national who recently crossed the southern border into the U.S.” and an individual “on the U.S. terrorist watch list” tried to sneak onto Marine Corps Base Quantico in the dead of night.
“Expedited Removal” and “Credible Fear”, in Brief. Under section 235(b)(1) of the Immigration and Nationality Act (INA), aliens encountered by CBP at the border or ports without documents to enter the United States or with fraudulent entry documents — including illegal migrants — are subject to “expedited removal”. That process allows DHS to remove such aliens without placing them into removal proceedings and obtaining a removal order from an immigration judge (IJ).
There is, however, an exception to expedited removal for aliens who request asylum or claim a fear of harm if returned home. Those aliens must be interviewed by asylum officers (AOs) from USCIS, to assess whether their claim of fear is credible. “Credible fear” is a screening standard used to determine whether the alien may be eligible for asylum.
If an alien receives a “positive credible fear determination”, the alien is generally placed into removal proceedings before an IJ to apply for asylum. If instead the alien receives a “negative credible fear determination”, the alien can seek a “credible fear review” from an IJ or accept removal.
The Bars to Asylum. The asylum statute, section 208 of the INA, is written in an unusual manner.
https://cis.org/Arthur/Bidens-Curiously-Timed-Effort-Bar-Asylum-Terrorist-and-Criminal-Migrants
Could recent incursions by aliens at U.S. military bases be playing a role?
By Andrew R. Arthur on May 14, 2024
The Biden administration published a proposed rule yesterday that would allow asylum officers (AOs) to consider criminal and national-security bars to asylum during credible-fear interviews of illegal migrants. That’s curious given that the administration previously reversed a Trump-era rule that would have done the same thing. It's also curiously timed given that it was issued just over a week after a little-reported incident in which “a Jordanian foreign national who recently crossed the southern border into the U.S.” and an individual “on the U.S. terrorist watch list” tried to sneak onto Marine Corps Base Quantico in the dead of night.
“Expedited Removal” and “Credible Fear”, in Brief. Under section 235(b)(1) of the Immigration and Nationality Act (INA), aliens encountered by CBP at the border or ports without documents to enter the United States or with fraudulent entry documents — including illegal migrants — are subject to “expedited removal”. That process allows DHS to remove such aliens without placing them into removal proceedings and obtaining a removal order from an immigration judge (IJ).
There is, however, an exception to expedited removal for aliens who request asylum or claim a fear of harm if returned home. Those aliens must be interviewed by asylum officers (AOs) from USCIS, to assess whether their claim of fear is credible. “Credible fear” is a screening standard used to determine whether the alien may be eligible for asylum.
If an alien receives a “positive credible fear determination”, the alien is generally placed into removal proceedings before an IJ to apply for asylum. If instead the alien receives a “negative credible fear determination”, the alien can seek a “credible fear review” from an IJ or accept removal.
The Bars to Asylum. The asylum statute, section 208 of the INA, is written in an unusual manner.
https://cis.org/Arthur/Bidens-Curiously-Timed-Effort-Bar-Asylum-Terrorist-and-Criminal-Migrants
