New data analysis from the independent Transactional Records Access Clearinghouse (TRAC) center of Syracuse University reveals that judges revoke a quarter of first instance asylum applications in the United States. The analysis highlights the growing number of people seeking asylum in the country, particularly along the US-Mexico border. When asylum seekers do not receive a favorable decision from a US Citizenship and Immigration Services (USCIS) officer, they have the right to be heard by a judge. Immigration court judges have heard over 100,000 of these cases in the last 25 years. The increased proportion of asylum officer decisions overturned by judges largely reflects an increasing number of “well-founded fear” cases raised by asylum seekers.
During the government of Democratic President Joe Biden, from fiscal year 2021 to February 2023, immigration judges have issued nearly 36,000 decisions. Armenians, with 47 asylum applications, lead the highest rate of approval by an immigration judge at 70%, followed by Cameroon (68%) and Syria (65%). On the other hand, Latin Americans were the least successful in their applications before a judge. The Dominican Republic, Costa Rica, and Brazil had the lowest rates of favorable decisions, at 19%, 16%, and 16% respectively. Colombians had the most total cases, with 7,255 cases, but judges ruled in favor of only 28% of cases.
Desperation now reigns on the US side of the border fence, too, as over the weekend, the mayor of El Paso declared a state of emergency over the high number of migrants crossing the border. However, in the United States, the controversial Title 42 immigration regulation, introduced by former President Donald Trump, was due to expire. The regulation allows authorities to deport migrants on the grounds of the coronavirus pandemic, thus depriving them of the opportunity to request asylum. The Supreme Court, however, has stopped the project, and Title 42 remains in effect for now.
Mayor Oscar Leeser expects up to 6,000 new arrivals daily in El Paso. With the declaration of a state of emergency, the city now has the option to convert certain facilities into emergency shelters. It can also request additional staff from the state of Texas to care for and house people. Initially, the state of emergency will last for seven days.
