Asylum Processing Rule: Defending Immigrants Under the New Rule (4-20-23)

In May 2022, the Department of Homeland Security / Department of Justice (DHS/DOJ) started implementing a new rule for asylum-seekers at the border called the "Asylum Processing Rule."  This rule initially applied only to asylum-seekers in certain detention centers intending to reside in certain US cities upon release.


Since then, this new rule has been expanded (and continues to expand), covering even more asylum seekers in additional detention centers who intend to reside in a growing list of cities upon release. As a result, advocates across the country will see an increasing number of asylum cases processed under this new rule. 


This training will help advocates: (1) defend immigrants subjected to the rushed timeline of the new rule, (2) learn about DHS’s 7-day deadline to ask them to reconsider a negative credible fear finding, (3) prepare for rushed asylum merits interviews at the asylum office, (4) litigate streamlined removal proceedings in cases the asylum office refers to immigration court, and (5) look for avenues to escape the rushed timeline.


The training will not cover the basics of asylum law and will instead focus on what is different under the Asylum Processing Rule.



  • Rex Chen - Director of Immigration, Legal Services NYC
  • Kathleen Maloney, Consultant, Fordham Law
  • Becky Gendelman, Senior Research & Policy Counsel, Human Rights First
  • Shalyn Fluharty, Executive Director, Americans for Immigrant Justice
  • Sara Ramey, Immigration Attorney

  • CLE Credits
    Areas of Professional Practice: 2.00
  • Format
    On-Demand/Recorded - Audio/Video File
  • Practice Area(s)
  • Price: $0
  • Materials
    Contains 4 training item(s)

About the Faculty

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    Rex Chen (Speaker)

    Rex (he, him) is the Immigration Director for Legal Services NYC, the largest civil legal services provider in the country. He spoke in 2022 on a panel about structural racism in immigration law at AILA’s annual conference. He is Taiwanese-American and had a chance to work with activists Yuri Kochiyama and Kazu Iijima to overturn an immigrant’s wrongful murder conviction. He chaired AILA’s 2023 Litigation Institute and received an AILA President’s Commendation in 2023. He is an expert on suppression motions in immigration court and has won a Third Circuit appeal involving the interplay between a United Nations Convention and immigration law.