As the Biden administration prepared to launch speedy asylum screenings at Border Patrol holding facilities this spring , authorities pledged a key difference from a Trump-era version of the policy: Migrants would be guaranteed access to legal counsel.
Nearly three months and thousands of screenings later, the promise of attorney access appears largely unfulfilled, based on advocacy group reports and interviews with people directly involved, some of whom spoke to The Associated Press on condition of anonymity because they were not authorized to discuss the effort publicly.
That represents a mere fraction of the thousands of expedited screenings since early April, though a precise percentage couldn’t be determined. U.S. Citizenship and Immigration Services, whose asylum officers conduct the interviews, didn’t answer questions about attorney representation. The government figures give no explanation and do not say how many expedited screenings occurred in Border Patrol custody without access to legal counsel. Administration officials have attributed lower approval rates in part to a new policy that severely limits asylum for people who travel through another country, like Mexico, to reach the U.S. border.
Normally, about three in four migrants pass credible fear interviews, though far fewer eventually win asylum. But the results roughly flipped during the five months of the Trump-era program of expedited screenings: Only 23% passed, while 69% failed and 9% withdrew, according to the Government Accountability Office.
Some legal service providers wrestled with whether to participate in the “Enhanced Expedited Removal” program as the screenings process is called. They don’t get paid and some worried it might imply approval and lend legitimacy.
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