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Biden administration wants to speed up deportation for some migrants. How will it work?

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Biden administration wants to speed up deportation for some migrants. How will it work?

The Biden administration proposed a rule Thursday aimed at speeding up the deportation process for migrants who are already ineligible for asylum.

The change isn’t expected to have broad implications, but rather tighten existing rules. It comes as the White House and Democrats play offense on the border and immigration, one of the top issues ahead of the presidential election.

“The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here,” said Secretary of Homeland Security Alejandro Mayorkas. “We will continue to take action, but fundamentally it is only Congress that can fix what everyone agrees is a broken immigration system.”

What would the new rule do?

Significant immigration court backlogs mean it can take years before migrants who cross the border without authorization are determined to be ineligible for asylum. The new rule would allow asylum officers to make that determination within days.

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The rule would move up checks for mandatory bars to asylum, such as criminal history or terrorism links, to the initial stage of the process, allowing immigration officers to quickly reject and deport those who don’t qualify. It would not restrict more people from applying for asylum.

Migrants who intend to apply for asylum must first pass so-called credible fear interviews, which allows them to later make their case before an immigration judge. The regulation would allow asylum officers to check for public safety or national security risks during the credible fear screening.

A senior DHS official who spoke to reporters Thursday on the condition that he not be named said the agency is updating procedures to ensure available information, including information that is classified, is shared as early as possible in the immigration process. The rule allows the agency to save taxpayer money because those who are subject to asylum bars are detained throughout the lengthy immigration court process, the official added.

In 2020, the Trump administration implemented a rule similarly instructing asylum officers to apply asylum bars during credible fear screenings. That rule was blocked by a U.S. District Court in California.

But the Biden administration says this rule is different because it doesn’t require asylum officers to consider bars in all interviews. Instead, asylum officers “would only consider a bar in those cases where there is easily verifiable evidence available” and the officer “is confident that they can consider that bar efficiently at the credible fear stage,” the proposed rule states.

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How many people could be affected?

The number of migrants subject to the bars is low, according to the proposed rule. For this fiscal year through April 23, federal records indicate that asylum officers flagged a potential bar in 733 cases. Last fiscal year, asylum officers flagged 1,497 such cases — 3% of all positive credible fear determinations.

When does it take effect?

Proposed rules can take months to finalize, and must go through a public comment period before implementation. That could make for a close timeline before the November election.

The DHS official said the agency will accept comments for 30 days starting May 13 and expects to issue the rule fairly quickly after that.

How are people reacting?

Immigrant rights advocates swiftly condemned the move, saying the change could slow down and weaken the credible fear process. But the DHS official said the rule won’t meaningfully increase the time it takes to interview someone.

Eleanor Acer, senior director for refugee protection at Human Rights First, said the rule would deny asylum hearings to people who could be eligible for protection.

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“It is both unrealistic and unconscionable to subject people seeking refuge to legally and factually complex bars to asylum during initial fear screenings where they are not likely to be represented by legal counsel,” she wrote in a statement. “Some of the bars included in the proposed rule have long baffled legal experts and government lawyers, and ensnared people who are innocent of any wrongdoing.”

Meanwhile Rep. Mark Green (R-Tenn.), chair of the House Committee on Homeland Security, said in a statement that the rule doesn’t go far enough to properly vet migrants.

“This rule appears to be an unserious, politically motivated attempt to address a significant problem the Biden administration itself created,” Green wrote.

What else has the Biden administration done to curb border crossings?

Last year, the administration began disqualifying migrants from asylum if they enter the U.S. illegally without first requesting humanitarian protection in another country, such as Mexico, along the way. This effectively blocks most people from accessing asylum if they cross unlawfully.

At the same time, the administration expanded a phone app, CBP One, that lets migrants in Mexico schedule a time to be processed at official ports of entry. Officials also expanded a program that allows migrants from certain countries, such as Venezuela, fly directly to the U.S. if they have a sponsor.

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On Wednesday, advocacy groups sued the federal government for records about its policies and practices related to the mobile app, calling it a barrier to asylum because of frequent glitches and months-long waits for an appointment.

What more is the administration considering?

The new asylum rule comes as the administration mulls how else to cut down on illegal border crossings ahead of the election.

Biden said in a Univision interview last month that he is considering whether to invoke a sweeping presidential authority to more broadly restrict asylum without congressional authorization. The action would employ a section of the Immigration and Nationality Act called 212(f), which allows presidents to suspend entry of migrants when deemed detrimental to national interests.

Former President Trump used that authority to justify restrictions including travel bans against people from predominantly Muslim countries.

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Graham pushes back on Tillis’ criticism of Noem, Miller for labeling man killed by Border Patrol a ‘terrorist’

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Graham pushes back on Tillis’ criticism of Noem, Miller for labeling man killed by Border Patrol a ‘terrorist’

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Sen. Lindsey Graham, R-S.C., on Tuesday defended Homeland Security Secretary Kristi Noem and Homeland Security Advisor Stephen Miller after Sen. Thom Tillis, R-N.C., criticized the pair for labeling the U.S. citizen killed by Border Patrol agents in Minneapolis as a “domestic terrorist.”

Tillis was the first Senate Republican to call for Noem to be fired after the killing of Alex Pretti, 37, who was shot by federal agents as he was recording immigration enforcement operations in Minneapolis over the weekend.

“What she’s done in Minnesota should be disqualifying. She should be out of a job,” Tillis told reporters earlier on Tuesday. “It’s just amateur-ish. It’s terrible. It’s making the president look bad on policy that he won on. [President Donald Trump] won on a strong message on immigration. Now, nobody’s talking about that. … They’re talking about the incompetence of the leader of Homeland Security.”

Noem and Miller “told the president before they even had an incident report whatsoever that the person who died was a terrorist. That is amateur hour at its worst,” Tillis added.

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SENATE GOP CRITICS SAY NOEM ‘NEEDS TO GO’ AMID FALLOUT FROM MINNEAPOLIS SHOOTINGS

Sen. Lindsey Graham defended Homeland Security Secretary Kristi Noem and Homeland Security Advisor Stephen Miller on Tuesday. (AP Photo/Susan Walsh)

Responding to Tillis, Graham said someone “must have a very high opinion of themselves” if they believe they can get President Donald Trump to distance himself from Miller.

“I’ve known Stephen Miller for a very long time. We have our differences, but we have more in common. When the clock strikes midnight for President Trump, there will be very few by his side. One will be Stephen Miller. If you don’t get that, you’ve missed a lot. No one has helped Trump more than Stephen Miller,” Graham told Fox News’ Chad Pergram.

“To convince yourself that you can get Trump to distance himself from Stephen Miller, you must have a very high opinion of themselves,” he continued.

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The South Carolina lawmaker added: “To my Republican colleagues, you need to understand that the President’s confidence in Stephen Miller has been rock solid and unshakable. And Miller is part of that group.”

Sen. Thom Tillis was the first Senate Republican to call for DHS Secretary Kristi Noem to be fired after the killing of Alex Pretti. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Alex Pretti, 37, was shot and killed on Saturday by Border Patrol agents while recording federal immigration operations in Minneapolis. An ICU nurse, Pretti appeared to be attempting to attend to a woman agents knocked down when he was sprayed with an irritant, pushed to the ground and beaten. An agent was seen pulling Pretti’s lawfully owned gun from his waistband before other agents fired several shots and killed him.

Noem was quick to label Pretti a “domestic terrorist,” and Miller characterized him as things such as a “would-be assassin,” both of which are unsubstantiated claims that sparked bipartisan pushback.

The White House has sought to distance itself from the comments by Noem and Miller, with White House press secretary Karoline Leavitt saying she has “not heard the president characterize” Pretti that way.

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But despite calls from Democrat and Republican lawmakers to oust Noem over her response to Pretti’s killing, Trump expressed confidence in the secretary to continue leading DHS.

NY POST, WSJ, NY TIMES AND WASHINGTON POST ALIGN AGAINST TRUMP ADMIN OVER ICE OPERATION IN MINNEAPOLIS

President Donald Trump expressed confidence in DHS Secretary Kristi Noem to continue leading the department. (Demetrius Freeman/The Washington Post via Getty Images)

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“I think she’s doing a very good job. The border is totally secure. You know, you forget we had a border that I inherited where millions of people were coming through. Now we have a border where no one is coming through. They come into our country only legally,” Trump told reporters on Tuesday.

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Asked if he agreed with Noem and Miller labeling Pretti as a “domestic terrorist” and an “assassin,” the president said he had not heard those remarks.

“Well, I haven’t heard that. He shouldn’t have been carrying a gun,” Trump said.

Trump also said the shooting was a “very sad situation” and he wants a “very honorable and honest investigation” that he wants to see for himself.

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Charter Reform Commission, L.A. City Council look to impose transparency rules

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Charter Reform Commission, L.A. City Council look to impose transparency rules

The Los Angeles City Council voted Tuesday to approve a law aimed at boosting transparency at the Charter Reform Commission, by requiring that members of that panel disclose any private talks they have with the city’s elected officials.

The vote comes about two months before the commission, which began its work in July, is scheduled to finish its deliberations and deliver a list of recommendations to the council.

Councilmember Monica Rodriguez, who proposed the ordinance, said she has been trying since August to pass a measure requiring the disclosure of such private conversations, known as “ex parte” communications. That effort was greeted with “nearly six months of stonewalling,” she said.

“While this is an important victory for oversight and transparency, government accountability shouldn’t be this hard to secure,” she said.

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The ordinance, which also applies to communications between commissioners and elected officials’ staff, is expected to go into effect in about a month. Meanwhile, the 13-member Charter Reform Commission approved its own policy a week ago requiring the disclosure of private conversations between its members and city elected officials.

Some government watchdogs say the disclosures are needed to prevent council members and other city elected officials from seeking to dictate the details of the recommendations that are ultimately issued by the commission. The volunteer citizens panel is currently looking at such ideas as increasing the size of the council and potentially changing the duties of citywide elected officials.

“If the public is going to trust the outcomes of our charter reform process, it has to be transparent and credible,” Commissioner Carla Fuentes, who pushed for the new disclosure policy at its Jan. 21 meeting.

The commission has not yet voted on a proposal to also require disclosure of communications with elected officials’ staff.

It is also looking at the idea of adopting ranked choice voting, where voters list all of the candidates in order of preference, and switching the city to a multi-year budget process.

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Councilmember Bob Blumenfield raised warnings about the council’s vote on Tuesday, saying charter reform is substantively different from the 2021 redistricting process. Council members should be engaging in conversations with its volunteer commissioners, to help them better understand how the city is run, Blumenfield said.

Those communications will ensure the commissioners make an informed decision what to recommend for the ballot later this year.

“I don’t want this message to be that it’s somehow bad for council members and the mayor and elected officials to be engaging in this process,” he said. “To the contrary, I think we need to double down our engagement. We need to speak to those commissioners. They need to learn a lot more about how this city really works for this thing to be effective.”

The commission is scheduled to take up the motion to disclose staffer conversations at its next meeting on Feb. 7.

Rob Quan, an organizer with the group Unrig LA, said he doesn’t want to see a repeat of 2021, when members of the citizens commission on redistricting were regularly contacted by council members’ aides. Those ex parte communications were not disclosed, he said.

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“If it didn’t apply to staff, we would simply be reinforcing the power of the staff, which have from Day One been the most problematic aspect of this commission,” said Quan, whose group focuses on government oversight.

He and a group of other transparency activists have proposed a total ban on ex parte communication, which hasn’t been considered by the current commission.

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Democrats demand Kristi Noem be fired or warn impeachment will follow

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Democrats demand Kristi Noem be fired or warn impeachment will follow

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House Democrats ramped up pressure on Department of Homeland Security (DHS) Secretary Kristi Noem on Tuesday, calling for her firing and warning that impeachment proceedings would follow if she remains in office, citing deadly actions by federal agents in Minnesota.

The calls came from both House Democratic leadership and Judiciary Committee Democrats, marking a coordinated escalation from public condemnation to formal impeachment threats.

In a joint statement, House Democratic Leader Hakeem Jeffries, Democratic Whip Katherine Clark and Democratic Caucus Chair Pete Aguilar accused the Trump administration of using federal law enforcement to carry out deadly violence.

“Taxpayer dollars are being weaponized by the Trump administration to kill American citizens, brutalize communities and violently target law-abiding immigrant families,” the leaders said. “The country is disgusted by what the Department of Homeland Security has done.”

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NOEM SAYS SHE GRIEVES FOR FAMILY AFTER CBP-RELATED SHOOTING IN MINNEAPOLIS, VOWS THOROUGH INVESTIGATION

House Democrats ramped up pressure on DHS Secretary Kristi Noem on Tuesday. ( Al Drago/Getty Images)

The leaders warned that unless Noem is removed, impeachment proceedings would follow.

“Kristi Noem should be fired immediately, or we will commence impeachment proceedings in the House of Representatives,” the statement said.

“We can do this the easy way or the hard way.”

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The demands come as Noem faces widespread criticism after federal agents killed two U.S. citizens in Minnesota this month.

Separately, Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, called on Judiciary Committee Chairman Jim Jordan, R-Ohio, to immediately begin impeachment proceedings if Noem is not fired or forced to resign.

“Unless Secretary Noem resigns or is fired, the Judiciary Committee’s Chairman, Jim Jordan, should immediately commence House Judiciary Committee impeachment proceedings to remove her from office,” Raskin said.

BORDER PATROL COMMANDER GREGORY BOVINO TO LEAVE MINNESOTA, AS TOM HOMAN TAKES OVER

Federal agents try to clear demonstrators near a hotel, using tear gas during a noise demonstration protest in response to federal immigration enforcement operations in Minneapolis. (Adam Gray/AP Photo)

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Raskin accused Noem of overseeing what he described as unlawful killings and a subsequent cover-up.

“Far from condemning these unlawful and savage killings in cold blood, Secretary Noem immediately labeled Renée Good and Alex Pretti ‘domestic terrorists,’ blatantly lied about the circumstances of the shootings that took their lives, and attempted to cover up and blockade any legitimate investigation into their deaths,” he said.

Separately, Sen. John Fetterman, D-Pa., called on Trump to fire Noem directly on Tuesday.

In a post on X, the senator accused Noem of “betraying” the department’s central mission.

In a joint statement with other Democratic leaders, Hakeem Jeffries, D-N.Y., accused the Trump administration of using federal law enforcement to carry out deadly violence. (Roberto Schmidt/Getty Images)

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However, President Donald Trump confirmed on Tuesday that he has no plans to ask Noem to step down from her role.

Trump was asked about Noem’s status during a gaggle with reporters outside the White House. He told the press that he still thinks Noem is doing a “great job.”

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“Is Kristi Noem going to step down?” a reporter asked.

“No,” Trump responded bluntly.

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He later said he believes she is doing a “very good job,” citing her role in closing down the border.

Fox News’ Anders Hagstrom contributed to this report.

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