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DHS Announces Proposed Rule to Enhance Security and Streamline Asylum Processing

Posted by Paul Saluja | May 10, 2024

In a recent announcement from the Biden-Harris Administration, the Department of Homeland Security (DHS) has introduced a Notice of Proposed Rulemaking (NPRM) aimed at bolstering border security measures and expediting asylum processing. This proposed rule, disclosed on May 9, 2024, through U.S. Citizenship and Immigration Services (USCIS), seeks to implement statutory bars to asylum earlier in the process.

The key objective of this rule is to enable DHS to promptly address individuals who do not have a legal basis to stay in the United States, particularly those who pose national security or public safety risks. By allowing Asylum Officers to assess these bars during the initial credible fear screening, which occurs shortly after encountering an individual, the process of identifying and removing those who may threaten national security is expedited.

Secretary of Homeland Security Alejandro Mayorkas emphasized that this proposed rule signifies a crucial step in ensuring public safety by swiftly identifying and removing individuals presenting security risks with no valid legal grounds to remain in the country. The rule aims to significantly reduce the time between an individual's encounter and their potential removal from the United States.

Moreover, in conjunction with this proposed rule, DHS is updating its policies on the use of classified information in immigration proceedings. By clarifying the circumstances surrounding the use of classified information, DHS aims to maintain its screening and vetting procedures to counter national security and public safety threats effectively.

Additionally, DHS continues to enforce the Circumvention of Lawful Pathways (CLP) rule, emphasizing the importance of orderly immigration processes and imposing timely consequences for individuals lacking a legal basis to stay in the country. The Administration urges Congress to enact necessary reforms and provide resources to facilitate the swift processing of individuals encountered at the border.

During the 30-day public comment period from May 13, 2024, to June 12, 2024, the public is encouraged to provide feedback on the NPRM. This proposed rule reflects the ongoing efforts of the Administration to address migration challenges and uphold border security while expanding legal pathways for migrants.

During the 30-day public comment period from May 13, 2024, to June 12, 2024, the public is encouraged to provide feedback on the NPRM. This proposed rule reflects the ongoing efforts of the Administration to address migration challenges and uphold border security while expanding legal pathways for migrants.

About the Author

Paul Saluja

Paul Saluja is a distinguished legal professional with over two decades of experience serving clients across a spectrum of legal domains. Graduating from West Virginia State University in 1988 with a bachelor's degree in chemistry, he continued his academic journey at Ohio Northern University, gr...

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