With just about a month remaining in its term, the Biden administration has introduced a final rule that significantly tightens asylum regulations. According to the rule, published Wednesday in the Federal Register, asylum officers will now be allowed to consider whether certain noncitizens are barred from asylum or withholding of removal based on national security or public safety grounds during credible fear and reasonable fear screenings.
These interviews are often conducted shortly after migrants arrive in the country, typically while they are in detention and without legal representation. The new rule will also deny court hearings to asylum seekers who are subject to these bars.
The changes grant asylum officers the authority to reject asylum claims at the early “credible fear” screening stage for applicants with a criminal background or those deemed a threat to national security. This new authority is expected to expedite deportation for individuals with prior criminal records. The rule is set to take effect on January 17, 2025.
The regulation targets migrants with criminal records or those otherwise deemed ineligible for asylum, placing them into expedited removal processes. It specifically aims to address national security threats.
The first step for asylum seekers is the credible fear interview, where they must assert that they face a life-threatening risk if returned to their home country. Under the new rule, immigration officials will be allowed to cross-check the applicant’s details against national security and criminal justice databases during this stage. If any threats are identified, the applicants can be deported early in the review process.
Under the current system, migrants at the border undergo a credible fear interview as an initial screening. Even if they have a criminal background or are deemed security risks, the process typically continues, with immigration judges later deciding their asylum eligibility.
However, the new rule will allow asylum officers to bypass a judge’s determination and initiate deportation during the initial screening phase. “Even though the number of migrants who are subject to these bars is small, this rule will enable DHS to more quickly remove those who pose a risk to national security or public safety,” said the Department of Homeland Security (DHS).
The Biden administration first announced its proposed rule in May. After reviewing public comments, DHS stated that while no significant modifications were made to the proposed text, clarifications were added. DHS emphasized that the reasoning provided in the original proposal remains valid, with the final rule incorporating additional or supplemental arguments.
Federal law already bars individuals who pose a national security or public safety risk from receiving asylum or withholding of removal. This includes those who have been convicted of a particularly serious crime; ordered, incited, assisted, or otherwise participated in the persecution of another based on a protected ground; committed a serious nonpolitical crime outside the United States; are inadmissible on national security or terrorism-related grounds; or for whom there are reasonable grounds to deem them a danger to U.S. security.
Existing regulations had previously prevented asylum officers from applying these bars during the initial screening determination. This final rule now gives asylum officers the authority to consider them during credible fear or reasonable fear screenings. By doing so, DHS aims to expeditiously remove individuals who pose a threat to the United States much earlier in the process, thereby more efficiently safeguarding the security of the border and the nation.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
