USCIS changes asylum process to reduce backlog
Key Points(5)
- Citizenship and Immigration Services has changed its asylum procedures to allow the agency to refer certain asylum applications to immigration judges without first interviewing the applicants, part of an effort to reduce the backlog in the asylum system.
- The Department of Homeland Security announced the interim final rule July 27, saying the change will reduce the time asylum officers and immigration judges spend adjudicating applications.
- Currently, both USCIS and Department of Justice immigration judges adjudicate asylum applications.
- USCIS generally handles “affirmative” asylum applications filed by people who are not in removal proceedings, while immigration judges handle “defensive” asylum applications filed by people who are in removal proceedings.
- Depending on an applicant's immigration status, USCIS may either adjudicate an asylum application or refer it to an immigration judge, who conducts a new review of the application.
U.S. Citizenship and Immigration Services has changed its asylum procedures to allow the agency to refer certain asylum applications to immigration judges without first interviewing the applicants, part of an effort to reduce the backlog in the asylum system.
The Department of Homeland Security announced the interim final rule July 27, saying the change will reduce the time asylum officers and immigration judges spend adjudicating applications.
Currently, both USCIS and Department of Justice immigration judges adjudicate asylum applications. USCIS generally handles “affirmative” asylum applications filed by people who are not in removal proceedings, while immigration judges handle “defensive” asylum applications filed by people who are in removal proceedings.
Depending on an applicant's immigration status, USCIS may either adjudicate an asylum application or refer it to an immigration judge, who conducts a new review of the application.
Under the new rule, USCIS can refer an asylum application to an immigration judge without first conducting an interview with the applicant. The agency said the change is intended to eliminate duplicative steps and speed up the adjudication process.
USCIS said the rule is also aimed at addressing the asylum backlog and ensuring agency resources are focused on cases involving legitimate claims for protection.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow said. “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 intentional delays have created challenges for immigration enforcement.
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” Percival said. “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 interim final rule took effect immediately. USCIS will accept public comments before issuing a final rule responding to those comments.
