New training document for asylum screenings reflects tougher US stance
The Trump administration has revised training guidelines for
asylum officers in ways that could make it harder for migrants seeking refuge
in the United States to pass an initial screening, Reuters reported.
The revisions to a lesson plan used by hundreds of asylum
officers suggest the Trump administration is finding new ways to narrow who can
access asylum as bolder policy proposals with that same goal have been blocked
by federals courts, said former government officials and immigration experts
who reviewed the internal plan that was shared with Reuters. The changes could
potentially lead to more denials and deportations before migrants’ full cases
can be heard, they said.
Jessica Collins, a spokeswoman for US Citizenship and
Immigration Services (USCIS), which oversees asylum applications, said the
agency periodically updates its training documents and that it processes all
claims on a case-by-case basis. The lesson plan has been revised in 2006, 2014
and February 2017. The new version dated April 30, goes into effect this month,
USCIS said.
The ballooning number of mostly Central American families
turning themselves into border agents and asking for asylum has pushed US
border agencies to a breaking point. In March, more than 100,000 people were
caught at the US-Mexico border, the highest monthly level in more than a
decade.
US President Donald Trump has claimed the migrants are
exploiting “loopholes” in immigration law and says many asylum claims are
fraudulent.
The first step in the long US asylum process is an interview
by a USCIS official specially trained in asylum and refugee law to determine
whether a migrant has a “credible fear” of returning to their home country.
If they pass that first hurdle, a low bar, they go on to
immigration court where a judge can grant them asylum if they prove they have
been persecuted because of their race, religion, nationality, political
opinion, or membership in a particular social group.
Around three-quarters of the thousands of monthly applicants
regularly pass the first “credible fear” interviews, according to government
data. But most Central American migrants fleeing general violence and
corruption ultimately do not qualify for asylum.
Trump has said repeatedly that the standards for entry into
the United States are too lenient.
‘BIG, FAT CON JOB’
The revised lesson plan is “a significant and disturbing
step toward making it more difficult to pass credible fear interviews,” said
Victoria Neilson, who worked in the USCIS refugee and asylum division during
the Obama administration.
The new plan deletes a paragraph from the previous guidance
that told “credible fear” interviewers to consider that asylum seekers may not
have all the evidence to prove their claims when they first arrive in the
United States. Guidance to consider trauma and cultural background when
assessing credibility has also been deleted. Instructions to be warier of fraud
were inserted.
Stephen Legomsky, a former USCIS chief counsel said that
asylum seekers who arrive in the United States without documents to prove their
persecution back home have to rely on their own testimony. “Without taking cultural
and psychological factors into account, evaluating the person’s credibility
becomes nearly impossible,” Legomsky said.
USCIS’ Collins said the agency’s officers take into account
“relevant country conditions information” and adhere “to all applicable laws,
regulations, policies, and precedent decisions.”
Currently, asylum officers are required to complete weeks of
in-person training followed by regular ongoing refresher courses.
The White House is seeking $23 million of funding to train
border patrol agents to perform “credible fear” interviews that are usually
done by specialized USCIS asylum officers. It was not clear whether or not this
new lesson plan would be used to train border patrol agents.
US Customs and Border Protection, which oversees the Border
Patrol, referred questions about its agents conducting interviews to the US
Department of Homeland Security, which did not respond to a request for
comment. An April 29 White House memo said agencies should “reprioritize”
immigration officials to do “credible fear” screenings, without specifically
mentioning Border Patrol.
Migrants who pass the initial “credible fear” interview are
often allowed stay in the United States until their asylum cases are decided, a
process that can take months or years because of a massive backlog of
immigration court cases.
The Trump administration has said people are gaming the
legal system in order to stay in the country.
At a rally in Grand Rapids, Michigan on March 29, Trump
called the asylum process “a big, fat con job.”
“You have people coming up, they are all met by the
lawyers,” he said, “and they say, say the following phrase, ‘I’m very afraid
for my life’... and then I look at the guy, he looks like he just got out of
the ring, he’s the heavyweight champion of the world.”
Under a new Trump policy started in January, hundreds of
asylum seekers have been forced to return to wait in Mexico while their cases
lumber through US courts. That policy is being challenged by lawsuits.
Trump has promised to build a wall along the US-Mexico
border but a physical barrier would have little effect on migrants who turn
themselves into officials.
By changing the rules for asylum screenings the government
“is erecting an invisible wall,” for those seeking protection, said Dree
Collopy, an immigration attorney at a Washington DC-based law firm.