New DOJ rules seek to limit asylum appeals, Colorado immigrant advocates say it denies due process rights

The Department of Justice has proposed a rule change to clear a backlog of 200,000 immigration appeals.

The new rule proposes that appeals be filed quickly -- in 10 days, down from 30 -- which immigration advocates say is not enough time to find a lawyer or to present an appeal.

The Justice Department says the new rule will allow applicants to receive timely decisions. It proposes that when an immigration judge denies an asylum claim, the decision will be final unless a majority of immigration appeals judges, known as the Board of Immigration Appeals, votes to consider the appeal.

"This rule would basically allow that body that hears the appeals to just dismiss them all. Without even looking at them. Without seeing if a judge made an error which happens all the time. And so it basically takes away someone's right to appeal a denial of their case," said Christina Brown, Executive Director of the Colorado Asylum Center.

Brown says denying asylees due process is unconstitutional.

"The immigation court will be able to do whatever they want with no oversight at all," said Brown. "This is really important because it denies immigrants due process in a court that is already rigged against them... it will make it impossible for people to seek federal court review."

The Justice Department says the new rules support the administration's efforts to reduce backlogs and incentivize asylum seekers to depart the United States voluntarily, "and return to their home country, or to not come to the United States in the first instance."

The rule is to take effect in 30 days.