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Administration’s New Program Expedites Deportations of Asylum-Seekers While Denying Them Due Process & Right to Counsel


Unfortunately, the administration continues with ‘business as usual’ when it comes to denying asylum seekers their due process rights and right to counsel in expediting deportations at the border. The program is known as the “Prompt Asylum Claim Review,” and, according to Customs and Border Protection, already has more than 1,000 migrants in it.  Aside from this basic information, very little has been provided concerning what it involves except that it involves sweeping asylum restrictions.

However, from what immigrant attorneys have been able to gather, migrants subject to the program/policy are not placed in the Migrant Protection Protocols program, but are instead detained by Customs and Border Protection while given experimental “fear of persecution screenings” that are reportedly very difficult to pass. According to reports, some who have been subject to the new policy have been deported within two weeks of their apprehension.

Forcing Asylum Seekers to Seek Asylum from Violent Countries They Are Fleeing

While attorneys were previously provided access to individuals while they were detained in Immigration and Customs Enforcement detention centers, under this new program, they have not been allowed to see or speak to their clients because they are instead in facilities designed for short-term detention. The administration is apparently justifying these actions based on the new rule that denies migrants access to the U.S. asylum program if they traveled through a third country first and did not seek asylum there (i.e. essentially barring all non-Mexican immigrants). The U.S. also apparently entered into agreements with El Salvador, Guatemala, and Honduras to send asylum seekers to those countries to seek protection there even there all of them are experiencing widespread poverty and severe violence.

Asylum Seekers’ Rights

U.S. law dictates that any noncitizen who is physically present in the U.S. or who arrives here has the right to apply for asylum if they experienced past persecution or have a well-founded fear of persecution due to membership in a social group, political opinion, nationality, race, or religion and if they are unable to unwilling to return due to that persecution. The law also dictates that asylum seekers – including those subject to expedited proceedings – have the right to consult with counsel in preparing for screenings for asylum. By denying access to counsel, the administration essentially guarantees that asylum seekers will be sent back to countries where they face danger and violence.

Contact an Experienced Immigration Attorney If You Need Assistance

Immigration issues are becoming more and more complex as this administration continues to implement rules that blatantly violate a number of rights. Experienced North Carolina immigration attorney Rashad Hauter regularly assist families and individuals with their immigration legal needs. Contact us today to find out more about our services and your options.



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