The United States has introduced a new rule allowing asylum applications to be referred to immigration judges without applicants first undergoing an interview, in a move aimed at reducing the country’s growing asylum backlog.
The change was announced by U.S. Citizenship and Immigration Services (USCIS) following a statement from the Department of Homeland Security (DHS).
Under the existing system, USCIS handles “affirmative” asylum applications filed by individuals who are not in removal proceedings, while Department of Justice (DOJ) immigration judges adjudicate “defensive” asylum claims involving those already in removal proceedings.
Depending on an applicant’s immigration status, USCIS may either decide an asylum application or refer it to an immigration judge. In cases referred to a judge, the application can undergo another review, which DHS says can effectively give an applicant a second opportunity to seek asylum.
The new interim final rule permits USCIS to refer asylum applications directly to immigration judges without first interviewing the applicant.
According to DHS, the change is expected to reduce the overall time required for asylum officers and immigration judges to process cases, while helping USCIS tackle the backlog.
USCIS Director Joseph Edlow said the asylum system had been used by some applicants for purposes other than seeking protection.
“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.”
DHS General Counsel James Percival said delays in immigration proceedings had also created difficulties for enforcement efforts.
“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 takes effect immediately. USCIS will accept public comments on the interim rule before issuing a final version that responds to the feedback received.
