New Asylum Policy Proposal: What Tulsa Immigrants Need to Know

Analysis by Olivia Terry, Immigration Attorney in Tulsa, OK

Recent reporting by CBS News has revealed that the Department of Homeland Security (DHS) is developing a significant policy change that could fundamentally alter how asylum claims are processed in the United States. As an immigration attorney serving families and individuals throughout Tulsa and Oklahoma, I want to help you understand what these proposed changes mean and what steps you should take to protect your rights.

Disclaimer: This analysis is inspired by public news coverage from CBS News and reflects my professional interpretation of the reported developments. Immigration policy can change rapidly, and the information here is current as of this writing.

Understanding the Proposed Changes

According to internal documents obtained by CBS News reporter Camilo Montoya-Galvez, DHS is working on a regulation that would allow immigration officials to reject certain asylum claims without conducting the traditional credible fear or reasonable fear interviews that have been standard procedure for decades.

This represents a dramatic shift in asylum processing. Currently, individuals who arrive at the U.S. border or ports of entry and express fear of returning to their home countries are entitled to a screening interview with an asylum officer. This interview, known as a "credible fear interview" under 8 U.S.C. § 1225(b)(1)(B), determines whether the applicant has a significant possibility of establishing eligibility for asylum in full removal proceedings before an immigration judge.

The proposed regulation would apparently bypass this interview process for certain categories of asylum seekers, allowing for immediate rejections based on predetermined criteria.

Which Immigration Benefits Are Affected?

This policy specifically impacts asylum seekers—individuals seeking protection under the Immigration and Nationality Act § 208 (8 U.S.C. § 1158). It's crucial to understand that asylum is a form of humanitarian protection, not a visa category like H-1B work visas or family-based immigrant petitions.

Asylum seekers fall into several procedural categories:

• Affirmative asylum applicants who file Form I-589 (Application for Asylum and for Withholding of Removal) with U.S. Citizenship and Immigration Services (USCIS) while in valid status or within one year of arrival
• Defensive asylum applicants who request asylum as a defense against removal in immigration court proceedings
• Expedited removal cases where individuals at the border must first pass a credible fear screening

The proposed policy appears to target primarily those in expedited removal proceedings—individuals apprehended at or near the border who would normally receive credible fear interviews.

What This Means for Asylum Seekers

The practical implications of this policy, if implemented, would be severe:

1. Reduced Due Process Protections

The credible fear interview has served as a critical safeguard, ensuring that individuals fleeing persecution have an opportunity to explain their circumstances to a trained asylum officer. Eliminating this step removes a layer of protection against refoulement—the return of individuals to countries where they face persecution, which is prohibited under international law and U.S. obligations under the 1951 Refugee Convention and its 1967 Protocol.

2. Faster Removals

Without interviews, individuals could be removed from the United States within days or even hours of arrival, with no meaningful opportunity to present their claims. This is particularly concerning for individuals who have experienced trauma, speak limited English, or need time to gather evidence of persecution.

3. Limited Appeal Rights

Currently, if an asylum officer finds that an individual does not have a credible fear, that person can request review by an immigration judge under 8 C.F.R. § 1003.42. If the proposed regulation eliminates the initial interview entirely, it's unclear what review mechanisms, if any, would remain available.

4. Potential Impact on Withholding of Removal and CAT Protection

Asylum is not the only form of protection available. Individuals may also qualify for withholding of removal under 8 U.S.C. § 1231(b)(3) or protection under the Convention Against Torture (CAT). These forms of relief have higher standards of proof than asylum but are critical safety nets. Any policy that eliminates screening interviews could also impact access to these protections.

Actionable Steps for Individuals in Oklahoma

If you or someone you know is considering seeking asylum or is currently in asylum proceedings, here's what you should do:

For Those Not Yet in the U.S.:

• Consult with an immigration attorney before attempting to enter the United States. The landscape is changing rapidly, and you need current, accurate advice about your options.
• Gather documentation of persecution or feared persecution now—police reports, medical records, threatening messages, news articles about conditions in your country, and affidavits from witnesses.
• Understand that policies can change quickly, and what is true today may not be true tomorrow.

For Those Already in the U.S.:

• If you're within your first year in the United States and haven't yet filed for asylum, consult an attorney immediately about filing an affirmative asylum application (Form I-589) with USCIS. Affirmative applications filed while in status may not be subject to the same expedited procedures as defensive claims.
• If you're in removal proceedings, work with your attorney to prepare the strongest possible case. Document everything related to your fear of return.
• If you have a credible fear interview scheduled, prepare thoroughly with an attorney. These interviews may become even more critical—or may be eliminated entirely depending on when the regulation takes effect.

For Those With Pending Applications:

• Stay in close contact with your attorney about any changes to your case procedures.
• Continue gathering evidence to support your claim.
• Ensure USCIS and the immigration court have your current address (file Form AR-11 for address changes and update the court using Form EOIR-33).

Important Distinctions: Asylum vs. Other Immigration Options

It's essential to understand that asylum is distinct from other immigration pathways:

• Asylum is not a visa. It's a form of protection for those already in the U.S. or arriving at a port of entry who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• Asylum differs from refugee status. Refugees apply for protection from outside the U.S. through the U.S. Refugee Admissions Program, while asylum seekers apply from within the U.S. or at the border.
• Asylum is separate from employment-based or family-based immigration. If you're pursuing a green card through an employer (EB categories) or family member (IR/F categories), these proposed asylum changes don't directly affect those petitions, which are processed by USCIS using different forms (I-140 for employment, I-130 for family).

The Broader Context

This proposed regulation is part of a broader effort to restrict access to the U.S. asylum system. Other recent policies have included Migrant Protection Protocols (MPP or "Remain in Mexico"), asylum transit bans, and increased use of expedited removal. Each of these policies has faced legal challenges, and this new regulation likely will as well.

However, legal challenges take time, and individuals caught in the system during that time face real consequences. That's why it's critical to have experienced legal representation.

Why Legal Representation Matters Now More Than Ever

Immigration law is complex under normal circumstances. During periods of rapid policy change, navigating the system without an attorney is even more risky. An experienced immigration attorney can:

• Assess whether you qualify for asylum or other forms of protection
• Help you gather and organize evidence to support your claim
• Prepare you for interviews and court hearings
• Identify alternative forms of relief you may not know about
• Protect your rights throughout the process
• Monitor policy changes and adjust your strategy accordingly

How New Horizons Legal Can Help

At New Horizons Legal, I understand that seeking asylum is often a matter of life and death. I'm committed to providing compassionate, skilled representation to individuals and families seeking protection in the United States.

Whether you're considering applying for asylum, have a pending application, or are facing removal proceedings, I can help you understand your options and fight for the best possible outcome.

Don't wait until it's too late. Immigration policies are changing rapidly, and early consultation can make the difference in your case.

Contact New Horizons Legal today:

• Book a consultation: https://newhorizonslegal.com/booking
• Request an intake: https://newhorizonslegal.com/intake
• Call: +1 (918) 221-9438
• Email: contact@newhorizonslegal.com

Your future is too important to leave to chance. Let's discuss your situation and develop a strategy to protect your rights and your safety.

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Olivia Terry is an immigration attorney based in Tulsa, Oklahoma, serving clients throughout the state and beyond. This blog post is for informational purposes only and does not constitute legal advice. Every immigration case is unique, and outcomes depend on individual circumstances.

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This analysis is inspired by publicly available news reporting. Immigration law changes quickly; speak with an attorney about your specific facts.

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