The United States has implemented a new regulation that allows asylum applications to be referred directly to immigration judges without requiring an initial interview with applicants. This decision, announced by U.S. Citizenship and Immigration Services (USCIS) and backed by the Department of Homeland Security (DHS), is designed, according to the DHS, to alleviate the increasing backlog of asylum cases in the country.
Under the current system, USCIS reviews ‘affirmative’ asylum applications submitted by individuals not in removal procedures, while the Department of Justice (DOJ) oversees ‘defensive’ claims from those already in such proceedings. The new rule permits USCIS to send asylum applications directly to immigration judges, enabling a secondary examination of the claims.
DHS officials assert that this approach may streamline the process, thus reducing the overall time needed to resolve cases and address the backlog. USCIS Director Joseph Edlow noted that the asylum system had been subject to misuse, with some applicants exploiting it for delay tactics rather than legitimate protection claims. “America’s asylum system exists to protect individuals who genuinely fear persecution,” Edlow emphasized.
DHS General Counsel James Percival highlighted that delays in the immigration system hinder enforcement efforts, arguing that the changes would foster improved efficiency. The regulation is effective immediately, with USCIS inviting public comments on the interim rule before finalizing it in response to any feedback received.
