Feb 28, 2025

USCIRF Releases Updated Recommendations on Asylum Seekers in Expedited Removal

Washington, DC – The U.S. Commission on International Religious Freedom (USCIRF) released the following report:

Barriers to Protection as of 2024: Updated Recommendations on Asylum Seekers in Expedited Removal – Expedited removal is a process to screen and swiftly remove certain noncitizens at U.S. ports of entry or at or near the U.S. border, with safeguards to protect bona fide asylum seekers. The report highlights persistent flaws in the U.S. government’s treatment of asylum seekers in expedited removal, which place vulnerable people at risk of being repatriated to countries where they could face persecution, torture, or death.

Like USCIRF’s prior recommendations in this area, the updated recommendations included in the report seek to further Congress’ intent that expedited removal both protect U.S. borders and ensure the fair and humane treatment of bona fide asylum seekers. USCIRF is troubled that many problems it has repeatedly documented since 2005—including flawed screening and documentation practices, a lack of training and quality control, inadequate information for noncitizens in the process, inappropriate detention conditions, and insufficient coordination and oversight—remain unaddressed 20 years later. This raises serious concerns that the United States is returning asylum seekers at risk of persecution or torture, in violation of domestic and international law.

The International Religious Freedom Act of 1998 (IRFA) authorized USCIRF to conduct a study to assess whether immigration officials were implementing expedited removal consistent with U.S. obligations to protect noncitizens fleeing persecution or torture. USCIRF released that study in 2005, finding serious flaws in the processing and detention of asylum seekers and making recommendations to address them. Since then, USCIRF has periodically reviewed the status of those recommendations, issuing a 2007 report card, a 2013 assessment of detention reforms, and a 2016 report. By 2023, the implementation of expedited removal had changed considerably, leading USCIRF to commission this report. The research was conducted in late 2023 and 2024 and looked at policies and practices in effect at that time.

While the specific policies discussed in the report are Biden administration policies, the first Trump administration used a fast-tracked process similar to the one in place in 2024 and implemented expedited removal to its fullest legal extent. Given that the second Trump administration is also expected to significantly expand and vigorously implement expedited removal, USCIRF’s recommendations to better protect asylum seekers in that process while securing U.S. borders remain relevant.

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The U.S. Commission on International Religious Freedom (USCIRF) is an independent, bipartisan federal government entity established by the U.S. Congress to monitor, analyze, and report on religious freedom abroad. USCIRF makes foreign policy recommendations to the President, the Secretary of State, and Congress intended to deter religious persecution and promote freedom of religion and belief. To interview a commissioner, please contact USCIRF at [email protected].