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WASHINGTON In a key step toward implementing the Administration's blueprint for a fair, orderly, and humane immigration system, the Department of Homeland Security (DHS) and Department of Justice (DOJ) are publishing a notice of proposed rulemaking (NPRM) that would amend current regulations to improve the processing of asylum claims. The proposed rule would allow, U.S. Citizenship and Immigration Services (USCIS) asylum officers to hear and decide applications for asylum, withholding of removal, and Convention Against Torture (CAT) protection for individuals who receive a positive credible fear determination. These cases are currently assigned to immigration judges within DOJ's Executive Office for Immigration Review.
"These proposed changes will significantly improve DHS's and DOJ's ability to more promptly and efficiently consider the asylum claims of individuals encountered at or near the border, while ensuring fundamental fairness," said Secretary Alejandro N. Mayorkas. "Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed. We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity."
"Today marks a step forward in our effort to make the asylum process fairer and more expeditious," said Attorney General Merrick Garland. "This rule will both reduce the caseload in our immigration courts and protect the rights of those fleeing persecution and violence."
The current system for hearing and adjudicating asylum claims at the southwest border has long needed repair. For nearly a decade, the number of such claims has ballooned, and the system has proved unable to keep pace, resulting in large backlogs and years-long delays i
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