DHS to Screen Asylum-Seekers with Access to Legal Counsel in Limited Experiment

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The Department of Homeland Security has announced a limited experiment that will provide legal counsel to migrants who enter the United States illegally and will be screened by asylum officers while in custody.

Migrants
Migrants will have legal representation. (Photo: San Antonio Express)

Legal Representation of Migrants

The trial run, which is set to begin next week, will allow a tiny number of migrants access to legal representation for credible fear hearings. Officials say the experiment is part of preparations for the end of a pandemic-related rule expected to be lifted on May 11, which has suspended the right to seek asylum for many.

The new screening approach aims to shorten the current four-week period for conducting screening interviews and air transportation back to their home countries to less than 72 hours. Currently, few migrants are screened at the border if they express fear of being returned home and are often released to pursue asylum in backlogged U.S. immigration courts, which takes years, Associated Press reports.

The administration has expelled migrants 2.7 million times under the rule, Title 42, which has been in effect since March 2020, which denies rights to seek asylum under U.S. and international law on grounds of preventing the spread of COVID-19.

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Homeland Security Officials Released a Statement

The Homeland Security officials stated that access to legal representation will be critical for the plan moving ahead, and they will be working with a legal services provider to represent asylum-seekers at initial screenings. CBP policy limits detention to 72 hours, which will be the target to complete the screenings.

If expanded, the new screening approach could bring major changes to how people are processed upon reaching U.S. soil to seek asylum. President Donald Trump introduced expedited screening while in CBP custody, but his successor, Joe Biden, scrapped it in his first week in office.

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