Immediately after President Biden issued his executive order on the border, Immigration and Customs Enforcement (ICE) issued a new policy memorandum regarding asylum. And while claims of asylum by illegal border crossers normally are fielded by Border Patrol agents and assessed asylum officers, Immigration and Customs Enforcement (ICE) officers are now being directed to assume a role in the process.
In fact, the new policy memo directs ICE officers to steer some aliens into the asylum process – even when the aliens don’t verbally express a fear of returning to their home countries or say they want to claim asylum. Under the new policy – in addition to documenting verbal claims – ICE agents must assess signs of fear, or what ICE calls an alien’s “manifestation of fear” of returning to his/her home country. To do this, ICE officers are instructed to evaluate non-verbal and physical cues and consider whether these indicate an intent to apply for asylum. According to the memo, the agency “has long recognized that a fear or intention to apply for asylum or related protection can be manifested in many different ways.” Thus, it now seems that the mere belief that an illegal alien is afraid to return home opens the door to the asylum process, and subsequently, being released into the United States, obtain a work permit, and wait years before their asylum claim is heard.
The ICE memo provides several examples of non-verbal cues that may indicate an intent to apply for asylum. It states that “shaking, unusual behavior, changes in tone of voice, incoherent speech patterns” are all signs of fear. It even suggests that “unusual level of silence” is a sign of fear that ICE agents should observe. Officers should also pay attention to evidence of self-harm, bruises and scars.
In short, the new policy provides that even if the Border Patrol refers an alien to ICE for immediate removal (under the expedited removal process), then ICE must still refer the alien to an asylum officer if it observes a “manifestation of fear.” The new policy goes even further by directing ICE officers to provide the alien with a pamphlet entitled “Information about Credible Fear Interview” and must place signs (in various languages) in certain areas of detention facilities so that illegal aliens know their “rights.” Further, ICE centers must play for aliens, on a loop, a produced video explaining to aliens that they should raise these concerns to ICE agents and that their claims will be heard. Thus, instead of reining in fraud and abuse in asylum, the Biden Administration is now encouraging any officer who works for the Department of Homeland Security to detect signs of fear and ensure that all aliens get additional bites of the apple to seek asylum and remain in the country.
The new directive from ICE undermines any executive action the President claims to take to secure the border, especially since asylum seekers entering through the CBP One app are already exempt from any shutdown that may occur. It also underscores how fraud in the asylum system is a contributing factor to the border crisis. To date, the Biden Administration has none nothing to curb its abuse. As the President plays lip service to those who want a secure border, the President is also appeasing his base by ensuring that no illegal alien is removed under his watch.
