Dem lawmakers rail against speedy asylum process, say illegal immigrants forced to recount trauma

Congressional Democrats demanded Tuesday that Homeland Security stop conducting initial asylum screenings on newly arrived migrants in Border Patrol facilities, saying it’s unfair to make the migrants have to recount traumatic events while in the custody of people with guns and badges.

The Democrats also complained that the migrants were being screened within a day of being caught trying to cross the border illegally, which they said wasn’t enough time for the migrants to try to find lawyers or get comfortable with their new surroundings.

Led by Sen. Alex Padilla, California Democrat and chairman of a key immigration subcommittee, the lawmakers pleaded with Secretary Alejandro Mayorkas to shut down the process and give the migrants more time.

“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 66 House and Senate Democrats said in a letter to the secretary.

At issue is what’s known as the “Credible Fear” interview. That is a critical step toward determining whether someone who entered the U.S. illegally will be released into the country to await an immigration court hearing, or whether the administration will try to quickly deport them.

With the current surge of migrants, the Biden administration has rushed personnel to the border to conduct interviews, trying to weed out unqualified migrants as early as possible.

But the Democrats said that means some people who might have valid cases if they had time to prepare their stories are being denied.

The interviews are done by employees at U.S. Citizenship and Immigration Services. They do not carry weapons.

But under the Biden administration’s new system, put in place this spring, the interviews take place from phone booths at Border Patrol holding facilities. The Democrats said that a “carceral” setting could exacerbate the trauma true asylum-seekers already have.

“Navigating U.S. laws and agencies in a foreign language and while detained would prove dizzying for most asylum seekers. Undergoing fear screenings in CBP custody would therefore present insurmountable challenges even if every asylum seeker had an attorney by their side,” the lawmakers said.

Homeland Security defended the new process, saying it has cut the amount of time it takes for a migrant to get a screening decision. The department said it does allow migrants to contact legal help, but also weeds out bogus claims.

“This has bolstered our ability to ensure that the United States remains both a country of laws and a country of immigrants, preserving the asylum process for those who need it and protecting those who would face persecution or torture if removed to a dangerous country,” the department said.

Mr. Mayorkas has been trying to invent a new immigration system on the fly to try to regain some control over the border after two years of record chaos, using carrots and sticks to try to shape how people come.

Expedited credible fear screenings are one part of that, along with a new rule that derails asylum claims from people who crossed other “safe” countries to reach the U.S. Those are the sticks.

The carrots are new pathways for unauthorized migrants to be admitted despite lacking a visa, as long as they schedule their arrival ahead of time. That plan relies on Mr. Mayorkas’ “parole” authority.

The policy had seemed to be working to shift illegal immigration, with Border Patrol apprehensions in June falling below 100,000 for the first time since the early days of the Biden administration.

But Mr. Mayorkas’ plans are under assault from both sides.

Immigrant rights advocates have won a court ruling against the blockade on asylum-seekers who crossed through other countries.

Meanwhile, congressional Republicans are pondering impeaching Mr. Mayorkas, with one of his offenses being that he has stretched his parole authority well beyond the limits of the law.

The asylum system has become the loophole that is driving illegal immigration.

Clearing the credible fear screening has been relatively easy, but winning a full asylum case is much harder, with the vast majority failing to prove their case. The problem is that those who cleared the initial screening are now in the U.S., and Homeland Security expends few resources to oust them even when they are denied asylum.

Mr. Mayorkas’ policies are intended to try to block unworthy cases at the border, but immigrant-rights advocates say he risks turning away good cases.