Biden Administration Permits Use of Classified Information in Asylum Hearings

The Biden administration recently announced a new policy that allows classified information to be used in immigration proceedings, as reported by NBC News.

The policy change, announced in a May 9 memo by Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, gives immigration judges and asylum officers more access to information that could help determine whether migrants have ties to terrorist organizations or pose a threat to public safety.

Previously, classified information could only be used “as a last resort” in immigration proceedings, with approval from the DHS secretary. The new memo allows the head of agencies like Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services to provide approval.

The administration is currently evaluating the need for additional space and security clearances to store, print, and share classified information.

A DHS official noted the increased involvement of transnational criminal organizations in the movement of people, posing a complex terrorist threat landscape.

As the migrant crisis at the southern border continues to be a significant issue, Connecticut Sen. Chris Murphy pointed out that Biden’s ability to enhance security at the U.S.-Mexico border through executive action is limited.

In April, NBC News reported on an Afghan migrant on the terrorist watchlist being released on bond by a Texas immigration judge due to classified evidence being withheld by ICE.