As of today, the express system that allows applicants to present their case to immigration officials comes into effect
By
Soledad CedroFrom Miami, Florida, United States
File image of the US-Mexico border
Starting today, May 31, by decision of the federal government, asylum seekers in the United States will be able to present their cases directly to officials from the Department of Homeland Security, without having to wait for a judge to take charge of the case. This change in procedure is intended to speed up the process. Since the pandemic, with the consequent lack of personnel in all areas, the migratory processes -including the asylum process- have been exorbitantly extended in time.
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Inclusive, the new measure sets a deadline for the resolution of cases. Immigration agents have 90 days to make a determination. In the past, as there were no deadlines, it could take years to give the migrant an answer.
Once the applicant presents their case, the immigration officer must assess whether the person has what is called a credible fear. Asylum cases are based on this abstract concept, which is if the person is actually in danger in their country of origin, and hence the credible fear. In addition to evaluating the documentation that the migrant presents, the officer must interview the person within the first 30 days after the case is filed. The officials then have 60 more days to make a decision on the asylum request. If granted, the person can live legally in the United States and after a year apply for permanent residence (the famous Green Card).
If the officer denies the application for asylum, the migrant has seven days to request a review of the case. The review of the case returns everything to zero and has another 90 days to be resolved. If they receive a second negative response, then the migrant can take their case to an immigration judge for review and present it to the Board of Appeals and district judges.
The Secretary of National Security, Alejandro Mayorkas, visiting the southern border of the country
“Through this rule, we are building a more functional and sensible asylum system to ensure that people who qualify receive protection with greater agility, while those who do not qualify will be removed quickly”, he told the press Alejandro Mayorkas, Secretary of National Security through a statement.
Currently the immigration system has 1.7 million pending cases, of which 40 percent correspond to asylum requests.