USCIS Announces Rule Change to Asylum System to Reduce Backlog
USCIS Announces Rule Change to Asylum System to Reduce Backlog
With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien
WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system.
Currently, both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate “defensive” asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum.
The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.”
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival. “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.”
The new rule will go into effect immediately. USCIS will accept public comments and later issue a final rule responding to those comments.
UPDATE (July 28): Courthouse News reports on the asylum processing changes: "The Department of Homeland Security announced . . . it would be fast-tracking the asylum process, allowing the government to send asylum seekers directly to immigration court without first being interviewed about their applications."
UPDATE (JULY 30):
From NPR
The Trump administration has announced a new rule change to the asylum process, which thousands depend on to escape violence and persecution. Asylum officers can now send some cases straight to immigration court without an interview with a U.S. Citizenship and Immigration Services (USCIS) officer. These interviews normally allow asylum seekers to present their case, after which they can either advance or get referred to immigration court. The rule change comes as the administration has narrowed the opportunities to seek asylum and restricted who can be approved for it. Asylum approval rates are the lowest they've been in at least 20 years. The change also comes as hundreds of thousands of people who are poised to lose Temporary Protected Status (TPS) actively seek new ways to remain in the U.S., including asylum. An NPR analysis breaks down how the Trump administration has undermined the U.S. asylum program. |
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