U.S. Citizenship and Immigration Services can now send certain affirmative asylum applications to immigration judges without first interviewing the applicants, under an interim final rule announced July 27.
The agency says the change will shorten the time needed to decide cases and help reduce the asylum backlog. It took effect immediately.
Under the system described by USCIS, the agency handles affirmative asylum applications from people who are not in removal proceedings. Department of Justice immigration judges handle defensive applications from people already facing removal.
An applicant’s immigration status generally determines who reviews the case. If USCIS refers an application, an immigration judge examines it again. DHS said that process effectively gives the applicant another chance to seek asylum.
The new rule allows USCIS to make certain referrals without holding its own interview first.
“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.
Edlow said the change would allow the agency to focus its resources on timely decisions for people who genuinely fear persecution.
James Percival, general counsel for DHS, also criticized what he described as intentional delays in the immigration system. He said the new procedure would improve efficiency and help carry out the president’s mandate.
USCIS will accept public comments on the interim rule. The agency said it will address that feedback when it publishes the final version.
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