Democrats demand Biden administration end ‘failed’ asylum claims process
Anna Giaritelli
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More than 60 House and Senate Democrats are calling on the Biden administration to stop its recently restarted practice of carrying out initial asylum screenings while immigrants are still in Border Patrol custody.
Sixty-six Democrats teamed up and sent a letter to Homeland Security Secretary Alejandro Mayorkas and Attorney General Merrick Garland Tuesday in a plea for the government to wait until immigrants who have illegally crossed the border are out of custody and released into the United States before determining if they may have a valid case for asylum.
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“Requiring asylum seekers to undergo their Credible Fear Interviews (CFI) while in [Customs and Border Protection] custody and articulate their traumatic experiences within as little as one day of arrival into the U.S. is inherently problematic because of the recency of the trauma many are fleeing and the carceral nature of CBP custody,” the letter stated.
“Compounding this new problematic practice is the difficulty asylum seekers face of trying to figure out how [to] navigate the United States’ very complicated asylum law, overwhelmingly without the benefit of counsel,” the letter continued.
Sens. Alex Padilla (D-CA) and Bob Menendez (D-NJ), along with Reps. Nanette Barragan (D-CA) and Adriano Espaillat (D-NY) organized the effort in both chambers.
The lawmakers said the problem began in April when the DHS and Justice Department implemented a plan to expeditiously hear asylum claims while immigrants were still in custody.
The timing of the plan was no coincidence, coming just weeks before a pandemic public health policy had been slated to end and CBP expected record-high numbers of people crossing the border and seeking asylum.
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“Due process is a right and value enshrined in our nation’s history. Affording people fair adjudication — including adequate time to obtain evidence, prepare one’s case, and obtain and work with counsel — is particularly key for individuals fleeing life-threatening harm or torture,” the lawmakers wrote. “Hence, we call on your departments to immediately end the policy of conducting fear screenings in CBP custody.”
“Such a process has consistently failed to adhere to basic principles of fairness, humane treatment of those fleeing persecution or torture, and compliance with due process obligations.”