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Jayapal’s inquiry reveals lack of legal aid for immigrants
The FERM process was intended to streamline processing procedures.
Image - Congresswoman Pramila Jayapal /
Merely 2.6 percent of families enrolled in the recently implemented Family Expedited Removal Management (FERM) process have access to legal representation for assistance with their asylum cases. This came to light in response to the inquiries made by U.S. Representatives Pramila Jayapal and Nanette Barragán.
“There is no question that our immigration system is broken and major reforms must be made to ease the situation at the border – but removing people seeking asylum without an opportunity to thoroughly present their case is dangerous and unjust,” said Jayapal.
“People coming to the country fleeing persecution and violence must have the opportunity to access counsel to meaningfully present their asylum cases. We cannot deport families that have valid asylum claims and will be returning to danger, it’s that simple,” she added.
According to the Immigration and Customs Enforcement (ICE), the FERM program was created to streamline processing procedures. However, it mandates that individuals seeking asylum undergo their credible fear interview (CFI), a crucial step where US officials assess the eligibility of asylum applicants, within a remarkably swift timeframe of 6-12 days from the start of processing.
This accelerated schedule significantly curtails opportunities for obtaining legal counsel, consequently impeding the overall asylum process. Out of the 4,421 individuals involved in the program as of November 22, 2023, a mere 118 had secured legal representation.
Given the requirement for CFI within 6-12 days of processing, the limited timeframe poses a substantial challenge for newly arriving migrants to locate attorneys and for those attorneys to adequately prepare their clients for CFIs. Although participants are offered details about free legal consultations, ICE officials acknowledge that the information is presently accessible only in English, Spanish, Haitian Creole, and Portuguese.
In October 2023, Representatives Jayapal and Barragán, supported by 70 members of Congress, sent a letter expressing their apprehensions about the FERM process.
“FERM was initially launched in four destination cities but has rapidly expanded to 33 cities across the country,” the members wrote in the letter.
“While we commend the Department of Homeland Security for ending family detention, we have serious concerns about the FERM process. we request that the Department of Homeland Security provide us with a comprehensive briefing and detailed information regarding FERM, including the timelines for each step of the process, what type of language access and interpretation services are provided, and whether there are any procedures in place to ensure that migrants have timely and meaningful access to counsel and interpreters.”
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