The Biden Administration’s Proposed Rule on Asylum Bars & Other Measures: Explainer considers the operation and proposed impacts of the Biden administration’s proposed asylum rules.  Among other things, the Explainer explains that 

“Some advocates raised concerns that the proposed rule and revised USCIS guidance could box out eligible asylum seekers from protection without access to proper due process. In regard to the public safety and national security bars, legal service providers have pointed out potential consequences that may impact domestic violence survivors, people forced into committing crimes (such as trafficking victims), asylum seekers wrongly accused of crimes as part of their persecution, and individuals escaping countries controlled by terrorist organizations. 

The new USCIS guidance has also raised questions for advocates and experts about its potential to return people to danger, given the complexity around internal relocation. These determinations often rely on information from reports or expert testimony on country conditions, an asylum seekers’ own evidence, and careful representation by an attorney. Those resources and information may not be available during the initial screening process when these criteria will now be applied. ”

KJ