Asylum Policy Updates
Learn More About the Circumvention of Lawful Pathways Rule (Asylum Transit Ban)
One year ago, the Biden administration introduced the "Circumvention of Lawful Pathways" rule, commonly referred to as the Asylum Transit Ban. This sweeping regulation largely disqualifies individuals seeking asylum if they entered through the U.S.-Mexico border on or after May 11, 2023, with only a few narrow exceptions. Our partners at Co-Counsel NYC made this explainer for asylum seekers to understand the Circumvention of Lawful Pathways ban.
Backlog Updates
Approximately 250,000 asylum applicants have been waiting five to ten years for their interviews.
RIF and other organizations are involved to put pressure on USCIS to take action to reduce this unacceptable backlog.
Result: Congress has voted to put 34 million dollars EXCLUSIVELY to reduce the affirmative backlog.
If you have been in the backlog for five years or more, please let us know if you have been scheduled for an interview OR if you are still waiting. Send us an email: info@rifnyc.org. We need to continue putting pressure on USCIS!
Here is the USCIS page on how asylum interviews are currently being scheduled: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/affirmative-asylum-interview-scheduling
33 Organizations Demand End to Policies Blocking Asylum Seekers from Employment Authorization
Co-Counsel penned a letter to the New York Immigration Courts, garnering the signatures of 33 organizations and practitioners, in which we advocated for a change to harmful policies blocking thousands of asylum seekers in removal proceedings from accessing employment authorization. This letter is one step of many to ensure that our community members and partners are heard.
Main Points of President Biden's New Border Policy
When will the border close?
The border will halt processing any new entries if there are more than 2,500 illegal crossings at US ports of entry on average. No one, including asylum seekers, will be processed for entry until the number of border crossings falls below 1,500 per day for a continuous period of at least three weeks.
What will be different when you interact with a border officer?
Under the new policy, migrants must explicitly state that they are seeking humanitarian protection. This is crucial for being referred for a credible fear interview by an asylum officer, which will be conducted over the phone. Migrants must affirmatively express their need for US protection and explain why. Previously, border patrol officers were required to ask migrants if they feared persecution. Now, it is up to the migrants to express their fear. If they do not, they will be removed.
Will I be able to get full asylum?
Under this new policy, people who cross illegally will not be granted full asylum benefits. First, you will need to pass a credible fear interview. Only the status of Withholding of Removal will be considered by the judge. Withholding of Removal allows you to work but does not grant a green card or permit family reunification. This measure does not apply to unaccompanied children or people with acute medical conditions.