USCIS Makes Changes to Asylum Process as Administration Seeks to Reduce Backlog
U.S. Citizenship and Immigration Services (USCIS) announced a change to the asylum process as the administration seeks to reduce a growing backlog of asylum cases. While the administration says the change will cut down on those abusing the asylum process, critics say it’s a way to speed up deportations.
Under an interim final rule that took effect immediately, asylum officers will have the authority in certain cases to refer applicants directly to immigration court without conducting an interview.
Currently, individuals seeking asylum generally must first complete an interview with a USCIS asylum officer, who determines whether the claim can proceed or whether the case should be referred to immigration court for further proceedings.
USCIS says the change will allow asylum officers and immigration judges to process cases more efficiently and better allocate resources. There is currently a backlog of about one million asylum cases at USCIS, along with millions of pending cases in the immigration court system.
“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.”
The rule also removes a provision from existing regulations stating that asylum applicants have a “right” to an interview with an asylum officer.
The rule was issued without a notice and comment period and took effect immediately. USCIS says it will accept public comments and later issue a final rule in response to the comments.
Critics Raise Concerns
Critics worry it could speed up deportations. Others say it may not effectively whittle down the backlog.
“The process and the amount of resources it takes for a case to go before the courts is just much more intensive than having a single asylum officer hear it,” said Greg Chen, senior director of government relations for the American Immigration Lawyers Association to Bloomberg Law.
“That’s going to be an unnecessary waste of taxpayer resources to suddenly shift tens of thousands of cases to the courts.”
