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National Policy

Changes to Asylum Process May Impact Applicants Nationwide

WASHINGTON — Federal asylum officers can deny interviews to asylum seekers and send them immediately to an immigration judge, speeding up deportation proceedings, under a rule U.S. Citizenship and Immigration Services published Tuesday. The rule, which takes effect immediately, will allow…

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Changes to Asylum Process May Impact Applicants Nationwide

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Key points

  • USCIS can now deny interviews for asylum seekers, speeding up deportation processes.
  • The rule may impact over 444,000 pending asylum cases and 132,000 future applications.
  • Experts warn that the changes could worsen the backlog in immigration courts.

WASHINGTON — The U.S. Citizenship and Immigration Services (USCIS) has announced a significant change in the asylum application process that could expedite deportation hearings for thousands of applicants. Under a new rule published recently, federal asylum officers now have the authority to deny interviews to asylum seekers and refer them directly to immigration judges. This rule takes effect immediately and aims to streamline the handling of asylum cases.

This change allows USCIS to bypass the traditional interview process for certain noncitizens who are actively seeking asylum but are not already in deportation proceedings. The interim final rule will remain in place while the agency gathers public feedback and finalizes the language. This shift could potentially weaken asylum claims, leading to quicker denials and removals for applicants.

Asylum seekers are typically required to detail their fears of persecution based on factors such as race, religion, or political opinion. With the new rule, asylum officers can make determinations on cases that are considered ineligible based on various criteria without conducting an interview.

USCIS estimates that over 444,000 pending asylum applications could be impacted by this rule, along with approximately 132,000 future applications. Additionally, this change may affect many Haitians who will lose their legal protections as the Trump administration revokes Temporary Protected Status, which could lead some to seek asylum despite not meeting the required standards.

Supporters of the rule, including USCIS Director Joseph Edlow, argue that it will reduce backlogs in immigration courts. Edlow stated, “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection.” He emphasized that the new rule aims to ensure that resources are focused on genuine asylum claims.

However, some experts, including Ben Johnson from the American Immigration Lawyers Association, caution that this policy may inadvertently slow down the asylum process further. Johnson stated that the policy could exacerbate the existing backlog of 1.4 million cases in immigration courts, as judges may take longer to adjudicate cases than asylum officers. He argued for a system that allows asylum officers to conduct thorough reviews more efficiently.

Based on reporting by Ariana Figueroa originally published by Stateline. Read the original story.

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