The United States has introduced a new asylum policy that allows asylum applications to be sent directly to immigration judges without applicants first attending an interview, as part of efforts to address the country’s growing asylum backlog.
The change was announced by the U.S. Citizenship and Immigration Services (USCIS) following a statement from the Department of Homeland Security (DHS).
Under the previous process, USCIS manages “affirmative” asylum applications submitted by individuals who are not facing removal proceedings, while immigration judges under the Department of Justice (DOJ) handle “defensive” asylum claims involving people already in removal proceedings.
Depending on an applicant’s immigration situation, USCIS can either make a decision on the asylum request or refer the case to an immigration judge. When referred, the application may go through another review process, which DHS says can provide applicants with another opportunity to seek asylum.
The new interim final rule allows USCIS to refer asylum applications directly to immigration judges without conducting an initial interview with the applicant.
According to DHS, the policy is expected to reduce the time required for asylum officers and immigration judges to process cases while helping USCIS manage the existing backlog.
USCIS Director Joseph Edlow said the asylum system had been misused by some applicants who were seeking delays and work authorisation rather than genuine 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 also said delays within immigration proceedings had affected 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 regulation takes immediate effect, while USCIS will receive public comments on the interim rule before releasing a final version that will take into account the feedback submitted.