US government shortens asylum proceedings – critics warn of hundreds of thousands of deportations

Who is affected?

According to a Washington Post report, Haitians and Syrians who had been granted Temporary Protected Status (TPS) are particularly affected. Haitians had been granted this status following the severe earthquake in Haiti in 2010, and Syrians in 2012 during the Syrian civil war. If they have applied for asylum or have already done so, they could, according to a lawyer, be deported directly in the future without a hearing.

Attorney Ira Kurzban, who represents Haitian citizens worried about their status, told the Washington Post that the new rule was "Teil eines Plans, Menschen zu Illegalen zu erklären." His client insisted that those affected receive a fair process. Kurzban criticized that the regulation undermines existing protection mechanisms.

According to the report, at the end of June the US Supreme Court had agreed to the plans of the government of US President Donald Trump to lift Temporary Protected Status for certain groups. With the new asylum rule, the government wants to further accelerate deportations. According to the information available, the plans refer to around 350,000 Haitian refugees as well as about 6,000 Syrians.

Criticism from lawyers and experts

Experts fear that the US asylum system will be undermined overall by the regulation. Since the individual hearing is being eliminated, a central opportunity to present and review reasons for fleeing is missing. Asylum organizations expect an increase in deportations and a loss of legal protection for vulnerable groups.

The government cites the burden on the immigration authorities due to the high backlog as justification. A spokesperson for the Department of Homeland Security said, according to the report, that the rule was intended to speed up processing and make proceedings more efficient. Human rights groups and lawyers, however, see it as a break with the rule of law.

Impact on the asylum system

According to current information, the new regulation will take effect shortly. How many of the affected cases will actually result in deportations is currently unclear. What is clear is that the regulation fundamentally changes the practice of US immigration policy – and that those seeking protection will in future have significantly less time and resources to present their case.

Immigration lawyers say they are preparing for a wave of new proceedings. Ira Kurzban announced that he would represent affected Haitians in court to secure the preservation of their protected status. Other law firms are also reportedly examining whether the new regulation can be challenged in court.