On May 31, the Biden administration began instituting a new asylum process for individuals who arrive at the border and who are put through the expedited removal process and provided credible fear interviews. The administration requested comments on this interim final rule.

The American Immigration Council and the American Immigration Lawyers Association (AILA) submitted a joint comment which thanked the administration for responding to some of the concerns raised in the Notice of Proposed Rulemaking and expressed significant concerns that the timeframes provided in the rule would severely impact the ability of asylum seekers to obtain counsel.

The comment explained the importance of counsel to asylum seekers, described how the new rule would make it significantly more difficult to obtain counsel in a short period of time, and urges the Biden administration to reconsider the expedited timeframe in the interim final rule in order to ensure that no person is forced to go through this process without the benefit of counsel.