What to Know About the Interim Final Rule's Implementation for Asylum Processing

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.


The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have started to implement a new rule on May 31, 2022, for eligible asylum seekers who are subject to expedited removal to get the relief they need as soon as possible and those who are ineligible are removed immediately. This rule is designed to reduce backlogs for asylum applications and to speed up the overall process of seeking refuge. Here’s what you should know about the new rule by the NPZ Law Group.

Interim Final Rule

The interim final rule (IFR) of March 2022 (the Asylum Officer Rule) gives the authority to the US Citizenship and Immigration Services (USCIS) to consider specific asylum applicants subject to expedited removal who prove that they have a fear of torture or persecution during the necessary screening of their credible fear. This step can help reduce the administrative process of managing asylum cases from years to months.

Scope

Asylum seekers who were placed into proceedings of expedited removal after May 31 may be tried by the new rule. Moreover, the new rule will not be applicable to unaccompanied children.

Phased Implementation

The new rule will be implemented in phases, starting with only a few people first.

Locations

Under this rule, two Texas detention facilities are the first placement locations. Credible fear interviews will be conducted by Asylum officers telephonically.

Processing

Here’s how the new process’s implementation will be during the time it’s being carried out in phases:

• Asylum applicants being placed into expedited removal
• The Credible Fear Interview will take place while the asylum seekers are in detention. These people may be able to access providers of the Legal Orientation Program before their interview. Individuals can request for their decision to be IJ reviewed if the results come negative
• Asylum seekers in expedited removal with a positive result on the credible fear interview may be referred for a non-adversarial Asylum Merits Interview (AMI) by the USCIS if ICE allows it. Individuals may be released from detention and situated in alternatives to detention (ATD) to make sure they comply with their interview, hearing, and reporting obligations. They will have 7 or 10 days before the AMI (depending on whether they submit in person or via mail, respectively) or (if submitting by mail) to amend the record from the credible fear interview. This time frame also includes submitting additional evidence. Those eligible for asylum as decided by the USCIS will acquire a letter that will inform them of related procedures and applicable benefits.
• Those who do not acquire asylum by the USCIS will have their case referred to EOIR for proceedings of streamlined removal as per the Immigration and Nationality Act, Section 240.

If you have any questions about how these laws in the United States may impact you or your family, or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com


About The Author


David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.

Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York.

Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.

Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.