The administration announced new plans Thursday to speed up deportations for a “small” number of border migrants who are deemed to be safety risks, moving to adopt a Trump-style get tough policy as President Biden seeks to gain control of the border.
People who claim asylum could now get a safety-related denial earlier in the process, meaning they would not be able to stretch their cases out. Homeland Security acknowledged the number of people who would be affected by the new change “is small,” but said it could have a big impact on cases where someone could pose a danger.
“The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here,” Secretary Alejandro Mayorkas said.
Republicans blasted the move as weak tea, given the size of the problems at the border.
Texas Gov. Greg Abbott labeled the proposal “feckless” and said it was more about political cover than practical solutions.
“To be clear, President Biden’s feckless proposals, which he could have done years ago, do nothing to slow the record-breaking illegal immigration,” the Republican governor said.
Rep. Mark Green of Tennessee, chair of the Homeland Security Committee and the man who led impeachment efforts against Mr. Mayorkas, called the proposal “unserious.”
With polling showing the public furious over the border, the administration has been pondering executive actions it could take.
Thursday’s move falls far short of what even some Democrats wanted.
Sen. Joe Manchin III, West Virginia Democrat, this week pleaded with Mr. Biden to expand detention and deportation capacity and stop using his “parole” powers to catch-and-release millions of people.
“Make no mistake, we are a charitable people and a nation of immigrants. And once we stop the chaos, I am optimistic we can resume the consideration of sensible long-term solutions that reduce our labor shortage and increase lawful pathways. But we cannot have those conversations until the border is secure,” Mr. Manchin wrote in a letter to Mr. Biden.
Mr. Mayorkas’s new plan is in the form of a proposed regulation. It will have to go through the usual notice-and-comment period before it is finalized, so it’s not clear when it might begin to bite.
It is the latest in a series of attempts to stem the unprecedented flow of illegal immigrants surging across the U.S.-Mexico boundary. The wave began when Mr. Biden was elected and has continued at sustained record levels since.
Asylum has become a key loophole in the immigration system, with illegal immigrants crossing then making claims of persecution. Most of those claims will fail, but the process for adjudicating them takes years, given the migrants time to put down roots and embed in American society.
In New York, immigration courts are giving out hearing dates a decade in the future, according to the acting director of U.S. Immigration and Customs Enforcement.
The asylum process for border crossers usually involves an initial “fear” screening by an asylum officer with the chance for appeals to an immigration judge later. But the asylum officer is not currently allowed to look at whether national security or public safety concerns would bar the person from asylum.
Under the new change, officers would now be allowed to look at an applicant’s history of terrorism or other major criminal activity to issue a denial.
A migrant could still appeal to an immigration judge.
Homeland Security characterized the proposal as giving officers “maximum flexibility and tools to apply consequences” to illegal immigrants.
The department said just 2.5% of “credible fear” screening cases and 10% of “reasonable fear” cases so far this fiscal year might have been affected by the rules change.