Biden Administration Grants Immigration Judges and Asylum Officers Increased Access to Classified Information

The Biden administration has introduced a new policy granting immigration judges and asylum officers increased access to classified information. This change aims to better assess potential terrorist ties and public safety threats among migrants, addressing growing concerns about national security.

The policy shift follows a report by NBC News revealing that an Afghan migrant on the terrorist watchlist was released on bond by a Texas immigration judge because withheld classified information was not disclosed. This incident highlighted the need for more comprehensive access to sensitive data in immigration proceedings.

Why this matters: This policy change has significant implications for national security and public safety, as it allows immigration judges and asylum officers to make more informed decisions about potential terrorist threats. The consequences of this change could be a reduction in the number of individuals with potential terrorist ties entering the country, thereby enhancing overall security.

Announced by Department of Homeland Security Secretary Alejandro Mayorkas in a May 9 memo, the new policy overrides a 2004 directive that restricted the use of classified information in immigration cases. Previously, classified data could only be used 'as a last resort' with the DHS secretary's approval.

Under the new policy, approval can now be granted by the head of an agency, such as Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services. This change is expected to streamline the process and enhance the ability of immigration judges and asylum officers to render sound judgments.

The policy change also comes amid concerns about the increasing involvement of transnational criminal organizations in human trafficking and the evolving complexity of the terrorist threat environment. A DHS official noted, *'Over the last five years, we have seen a significant shift in the way transnational criminal organizations are becoming increasingly involved in the movement of people in our hemisphere, most concerningly people from the Eastern hemisphere.'*

The administration is currently evaluating whether additional space and security clearances will be needed to store, print, and share the classified information. This consideration is part of a broader three-year review of immigration policies aimed at mitigating terror threats.

The terrorist watchlist maintained by the FBI includes the names of 1.8 million people considered potential security risks. The case of Mohammad Kharwin, the Afghan migrant mentioned in the NBC News report, highlights the importance of this policy change. Kharwin, a member of Hezb-e-Islami, was initially released because a lack of biometric information connecting him to the watchlist prevented his detention.

Kharwin lived in the U.S. for over a year before being arrested by ICE in early 2024. When evidence of his potential ties to terror was not presented to the judge, he was released again while awaiting an asylum hearing scheduled for 2025. Following the NBC News report, Kharwin was rearrested within hours.

The new policy represents a significant step in the Biden administration's efforts to enhance national security and public safety. By granting immigration judges and asylum officers increased access to classified information, the administration aims to ensure more informed and effective decision-making in immigration proceedings.

Key Takeaways

• Biden administration grants immigration judges and asylum officers increased access to classified information.
• New policy aims to better assess potential terrorist ties and public safety threats among migrants.
• Change follows report of Afghan migrant on terrorist watchlist being released due to withheld classified info.
• Policy overrides 2004 directive, allowing agency heads to approve use of classified information.
• Goal is to enhance national security and public safety through more informed immigration decisions.