DOJ and DHS publish notice of proposed rulemaking to amend asylum process.
August 25, 2021
Last week, the U.S. Department of Justice and the Department of Homeland Security announced that they are publishing a notice of proposed rulemaking that would amend current regulations to improve the processing of asylum claims. The proposed rule would allow USCIS asylum officers to hear and decide applications for asylum, withholding of removal, and Convention Against Torture protection for individuals who receive a positive credible fear determination. These cases are currently assigned to immigration judges within EOIR. DHS Secretary Mayorkas said the “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.”