AILA Executive Director Responds to Asylum Regulation

Ben Johnson, Executive Director of the American Immigration Lawyers Association (AILA) responded to the regulation published today “Application: Certain Mandatory Bars in Fear Screenings” with the following statement:

“Simply put, this rule will not bring more consistency or order to border processing. This rule authorizes the asylum officer to make a complex legal determination during what is supposed to be the initial screening stage when someone seeks asylum. This new process will be conducted entirely while the asylum seeker is in government custody, where it is extremely difficult to find and consult with legal counsel. Having legal counsel is vital to ensuring the person understands the law and ultimately is afforded a fair process. These mandatory bars are complex, with a history of immigration judges overturning asylum officers who mistakenly apply the bars to Afghan nationals fleeing the Taliban and other similarly harrowing cases. Without adequate resources, this rule not only risks asylum applicants being wrongly rejected but also weakens accurate national security assessments. Given that this regulation is now final, the Department of Homeland Security (DHS) must ensure sufficient training for their asylum officers, both on the complex asylum bars and on any additional procedural safeguards to ensure accurate adjudications and prevent returning asylum seekers to countries where they face life-threatening harm.”