U.S COMMITTEE FOR REFUGEES AND IMMIGRANTS
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USCRI Responds to the Notice of Proposed Rulemaking (NPRM) Entitled “Circumvention of Lawful Pathways”

By USCRI March 28, 2023

USCRI acknowledges that the United States is facing significant challenges associated with increased, ongoing arrivals of asylum seekers amongst mixed and onward movements within the Latin America. However, USCRI warns that the proposed rule will not address the root of the issues but will merely shift the challenges onto Mexico’s southern border.

Individuals who cannot establish a valid claim to protection under the standards set out in the proposed rule will be subject to expedited removal under Title 8 authority. Under the proposed rule, an asylum seeker in expedited removal who receives a negative credible fear determination would not have access to the necessary safeguards to ensure due process. The NPRM would change existing regulations to deny asylum seekers immigration court review of negative credible fear determinations unless they affirmatively request review. Requiring asylum seekers to affirmatively request review of negative credible fear determinations creates an additional hurdle, as the vast majority are unrepresented during the credible fear process while they navigate an already convoluted process that carries potentially deadly consequences if unable to seek review of a wrongful conviction negative credible fear determination. Due to language or other barriers, asylum seekers may not understand the requirement to affirmatively request immigration court review.

Click here to read the full letter.


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