The Biden administration will soon begin conducting “credible fear” screenings for migrants seeking asylum at Customs and Border Protection (CBP) facilities, as the Department of Homeland Security prepares for a possible increase in migrants next month when the title 42 public health order ends.
DHS confirmed to Fox News Digital that the agency is working with legal service providers “to provide access to legal services for individuals receiving credible fear interviews while in CBP custody.”
“This is part of ongoing planning to initiate a process that will allow migrants to receive credible fear interviews from specially trained U.S. Citizenship and Immigration Services (USCIS) officers while still in (CBP) custody,” said spokesperson Marsha Espinosa.
The credible fear interview is the first step for migrants seeking asylum and is a significantly lower bar than the final asylum decision, which can take years to be decided by the immigration court. It requires migrants to show that there is a “considerable possibility” that they can demonstrate a credible fear of persecution before an immigration judge if they are returned to their country of origin.
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Migrants walk into US custody after crossing the border from Ciudad Juarez, Mexico, Wednesday, March 29, 2023. ((AP photo/Christian Chavez))
While the final decision is made by a federal judge, credible anxiety investigations are typically conducted by USCIS. Some Republicans have expressed concern that many migrants are being released into the US without even being referred for a credible hearing.
CNN first reported the development, which it said would take place on a pilot basis.
DHS emphasized that would still be the case in the new program, but they will simply be in CBP custody.
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DHS said the process is designed to ensure migrants have access to legal services, and said the effort would provide best practice if credible fear interviews are expanded.
It’s likely to upset some immigration activists, though, because it’s similar in some ways to a Trump-era policy — the Prompt Asylum Claim Review (PACR) pilot program — that was designed to quickly take screenings into custody and those that are ineligible to remove . However, this program will differ in that migrants will be offered legal services – something the PACR program has been criticized for not providing adequately.
The move marks the government’s latest policy move as it prepares for the end of Title 42 on May 11. The COVID-era order has been used to quickly deport hundreds of thousands of migrants at the border due to the pandemic and is set to come to an end with the federal public health emergency.
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DHS officials have previously predicted a dramatic increase in migrant traffic when the order expires and have taken a number of measures to counter such an increase.
In particular, the government has proposed a rule that would make migrants ineligible for asylum if they cross the border illegally and have also passed through a third country without seeking asylum there first. That move has also drawn criticism from the left for what they see as an attack on the right to asylum.
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Homeland Security Secretary Alejandro Mayorkas recently defended his agency’s handling of the border crisis amid a barrage of criticism from Republicans during multiple House and Senate hearings. Among other things, his agency has called for additional funding for gateways and processing capabilities.
Adam Shaw is a political reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at [email protected] or at Twitter.
