The United States has introduced a new asylum rule that allows immigration authorities to send asylum applications directly to immigration judges without first conducting an interview, as part of efforts to reduce the country’s growing asylum backlog.
The new policy was announced by the U.S. Citizenship and Immigration Services (USCIS) following a directive from the Department of Homeland Security (DHS).
Previously, USCIS handled “affirmative” asylum applications filed by people who were not facing deportation proceedings, while immigration judges under the Department of Justice considered “defensive” asylum claims involving individuals already in removal proceedings.
Under the old process, some asylum applicants whose cases were referred to immigration judges could have their claims reviewed again, effectively giving them another chance to seek asylum.
However, the new interim rule allows USCIS to transfer certain asylum applications directly to immigration judges without first interviewing the applicant.
According to DHS, the change is expected to speed up the processing of asylum cases, reduce delays, and help USCIS clear its growing backlog.
USCIS Director Joseph Edlow said the asylum system had increasingly been abused by people seeking to delay immigration proceedings or obtain work authorisation rather than genuine protection.
“For far too long, the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection. America’s asylum system exists to protect individuals who genuinely fear persecution, and this rule will help ensure that resources are focused on those cases,” Edlow said.
DHS General Counsel James Percival also said prolonged immigration cases had made enforcement more difficult.
“One of the biggest obstacles to effective immigration enforcement is the intentional delay of cases by illegal immigrants and the lawyers representing them. This rule is intended to improve efficiency and support the administration’s immigration objectives,” he said.
The new rule takes effect immediately, although USCIS said it will still receive public comments before issuing a final version that reflects feedback from stakeholders.
The policy could affect asylum seekers from several countries, including Nigeria, who apply for protection in the United States.
