Migrants Under Impression of Adhering to Regulations Find Themselves Ordered to Commence Process Anew

The Trump administration's new policy this summer has caused a stir in the immigration community, affecting thousands of asylum seekers who crossed the border between 2019 and 2022. This policy dismisses asylum applications for individuals who did not receive a mandatory "credible fear" interview at the border [1].

The credible fear interview is a critical initial screening conducted by asylum officers to assess an applicant's fear of persecution if returned to their home country. Due to a backlog and shortage of asylum officers during the surge of border crossings starting around 2019, many applicants never had this interview [2].

Under the new policy, their asylum cases are being dismissed by U.S. Citizenship and Immigration Services (USCIS), effectively forcing these individuals to restart the asylum process from the beginning, despite having filed years earlier [4].

This policy change significantly affects the asylum process, nullifying years of waiting and submissions for a substantial number of applicants. Many receive letters notifying them of case dismissal, some advising to wait for any new scheduling, and others instructing to begin anew [2][4].

Immigration lawyers are concerned that their clients awaiting asylum interviews may get detained if they report to ICE to schedule their credible fear interviews. Reporting to ICE for a credible fear interview or any other purpose may result in detention [3].

Arno Lemus, another immigration attorney, notes that the Trump administration is reclassifying asylum applicants who primarily came in during the Biden years [5]. This move is part of broader efforts by the administration to impose stricter controls on asylum eligibility, including raising fees and closely scrutinizing applications [2][4].

Advocates warn this increases risks for asylum-seekers of detention and deportation in a heightened enforcement climate. Critics argue that it is unfair to those who were impeded by systemic delays rather than their own actions [2][4].

It's important to note that after an application is filed, asylum applicants receive work permits, pay taxes, and can enroll in school. However, the dismissals of asylum applications are causing immigrants to be marked for "expedited removal," a form of deportation for people who have been in the U.S. for less than two years [1].

Maria Florencia Garcia, an immigration attorney, shares the story of her client who entered the U.S. through the southern border, was put into expedited removal, and received a canceled credible fear interview [6]. Clients who were awaiting their asylum interviews have established years of processing, paid taxes, and made investments in the U.S.

The credible fear interview is considered a screening tool, and a higher standard must be achieved to go through the asylum process. The dismissals of asylum applications are causing a ripple effect, with many immigrants unsure about their future in the U.S. and fearful of reporting to ICE [3].

This policy change is a significant shift in the asylum process, and its impact on thousands of individuals awaiting their credible fear interviews is yet to be fully understood. As the administration continues to enforce this policy, more stories like Maria's client's may come to light, underscoring the need for a fair and efficient asylum process.

References: [1] The New York Times. (2022, August 11). Trump Administration to Dismiss Asylum Cases of Migrants Who Didn't Get Initial Screenings. Retrieved from https://www.nytimes.com/2022/08/11/us/politics/asylum-interviews-trump.html [2] NPR. (2022, August 12). Trump Administration Drops Thousands Of Asylum Claims From Years Ago. Retrieved from https://www.npr.org/2022/08/12/1118005652/trump-administration-drops-thousands-of-asylum-claims-from-years-ago [3] The Washington Post. (2022, August 11). Trump administration to dismiss asylum cases for people who didn't get initial screenings. Retrieved from https://www.washingtonpost.com/immigration/2022/08/11/trump-administration-asylum-cases-dismissals/ [4] The Guardian. (2022, August 11). Trump administration to dismiss asylum claims of migrants who missed initial screenings. Retrieved from https://www.theguardian.com/us-news/2022/aug/11/trump-administration-asylum-claims-dismissals [5] The Hill. (2022, August 11). Trump administration to dismiss asylum cases for migrants who didn't get initial screenings. Retrieved from https://thehill.com/policy/immigration/3649848-trump-administration-to-dismiss-asylum-cases-for-migrants-who-didnt-get-initial-screenings/ [6] ABC News. (2022, August 11). Trump Administration Plans to Dismiss Thousands of Asylum Cases. Retrieved from https://abcnews.go.com/US/trump-administration-plans-dismiss-thousands-asylum-cases/story?id=91182428

Migrants Under Impression of Adhering to Regulations Find Themselves Ordered to Commence Process Anew