Higher Asylum Standards and Increased Detention Authority for Border Security.
This law significantly raises the standard for asylum seekers, requiring them to prove their claims are “more probable than not” to be true during the initial screening. It mandates the recording of asylum interviews and authorizes the hiring of 100 new immigration judges to speed up case processing. Crucially, it expands the government's authority to indefinitely detain non-cooperative or dangerous individuals awaiting removal, limiting their access to bond hearings.
Key points
Raises the burden of proof for asylum seekers during the initial “credible fear” screening to a “more probable than not” standard.
Mandates audio or video recording of expedited removal and credible fear interviews, which will be used as evidence in proceedings.
Allows indefinite detention for aliens who fail to cooperate with deportation or pose a threat to national security or public safety, without the right to seek release on bond.
Imposes permanent ineligibility for immigration benefits for knowingly filing a frivolous asylum application intended solely to delay removal.
Expired
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