As part of the Biden Regime Administrative Amnesty, the Biden Regime has delivered a one-two punch at the border, aside from its previous opening the borders activity. This specific part of the amnesty is a combination of the end of Title 42 refusal of entry to a now small number of illegal aliens and a loosening of asylum standards disguised as a reform to “expedite” decision making.
As usual, the reform to asylum processing is being touted as rewarding “deserving” aliens with swift approval of their claim, but with quick deportation of those who fail their asylum screening with Expedited Removal (ER).
That is a lie, as the Biden Regime is not removing failed asylum applicants through ER, but moving failed asylum applicants to the immigration court system, which results in expedited approvals to benefit illegal aliens, then rewards failed claimants with release into the United States to wait for court dates ten years or more down the line.
From the initial claim by the Biden Regime when announcing this “reform” to the asylum process:
“These proposed changes will significantly improve DHS’s and DOJ’s ability to more promptly and efficiently consider the asylum claims of individuals encountered at or near the border, while ensuring fundamental fairness,” said Secretary Alejandro N. Mayorkas. “Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed. We are building an immigration system that is designed to ensure due process, respect human dignity, and promote equity.“
[DHS and DOJ Publish Notice of Proposed Rulemaking to Make Asylum Process More Efficient, and Ensure Fairness, Press Release, August 18, 2021]
However, that is a lie—the same immigration court system that all agree is broken will be the destination of failed asylum claimants, not Expedited Removal.
The official said roughly 100 U.S. asylum officers have been trained to implement the first phase of the rule’s implementation. They will be interviewing by telephone migrant adults held at two Immigration and Customs Enforcement detention centers in Texas who are placed in a process known as expedited removal.
Only single adults and families traveling with children will be placed in the program since U.S. law bars the use of expedited removal on unaccompanied minors. DHS officials said they are working to provide migrants access to pro-bono attorneys before the initial screenings.
If migrants enrolled in the new program establish that they have credible fear of persecution during these telephone interviews, they will generally be released with a tracking device, a DHS document indicates. If migrants fail these interviews, they can be swiftly deported unless they ask an immigration judge to reconsider their claim.
[U.S. To Interview Asylum-Seekers At 2 Texas Detention Sites Under New Policy, by Camilo Montoya-Galvez, CBS News, May 26, 2022]
So, the new process is a big win for illegal aliens—expedited asylum process based on a telephone interview, release into the United States despite the legal requirement that deportable aliens be held in custody, and if denied asylum they are placed in the backlogged immigration court system. This is a victory for illegals, especially with the end of Title 42. There is no incentive for illegal aliens not to try a fraudulent asylum claim. The Asylum Officer cadre at U.S. Citizenship And Immigration Services (USCIS) are already on the side of the illegal aliens, so the illegal aliens win there, then their only risk is the lottery of which Immigration Judge has their case: some kritarchs, like Amiena Khan, approve 93% of asylum claims, despite the fact that over 95% of asylum claims are fraudulent.
Furthermore, the whole fraudulent system will be based on telephone interviews to determine if an asylum applicant’s claim is credible. That is not credible. As someone with 28 years of interviewing aliens and criminal suspects, I know you cannot establish credibility based on a telephone interview. Interviewing someone to establish their honesty and credibility must be done in person.
In any such interview, once their claims start to fall apart, one must literally move in, that is get closer to the person you are interviewing, get in their personal space, to upset their prepared story that is not truthful. Persons who are lying do not like to be close to the person who is questioning their veracity. This is one of the basics of successful investigative interview techniques, like the Reid Technique. However, USCIS is not interested in obtaining truthful answers from asylum claimants and detecting fraud, but only making the process “non-confrontational.”
This is how the Biden Regime is administering an amnesty by small and large changes to how the asylum process is managed, from “non-confrontational” interviews that allow rampant fraud to manipulating the system to allow illegal aliens to remain in the United States indefinitely, all the time lying to the public about making the asylum system more efficient.