US Fast-Tracks Asylum Cases to Courts
The United States has introduced a new rule allowing some affirmative asylum applications to be referred directly to immigration courts without an initial interview by US Citizenship and Immigration Services. The change took effect on July 28 and is intended to accelerate decisions amid a large asylum backlog.
US Asylum Cases Sent Directly to Courts
Affirmative asylum applications are filed by people who are physically present in the United States but have not yet been placed in removal proceedings.
Under the earlier process, a USCIS asylum officer would normally interview the applicant before approving the claim or referring it to an immigration judge. The interim final rule now permits USCIS to send certain applications directly to the immigration court system without conducting that interview.
An immigration judge will then examine the claim and decide whether the applicant qualifies for asylum or another form of protection.
Rule Targets 1.4 Million Case Backlog
USCIS currently has approximately 1.4 million pending affirmative asylum applications. The administration said the revised procedure would reduce duplicated work between asylum officers and immigration judges.
Government estimates indicate that more than 132,000 applications could be transferred directly to courts each year. Around 31% of the existing USCIS asylum backlog could potentially be affected by the change.
The rule applies only to selected affirmative asylum applications and does not eliminate judicial consideration of the claim.
Direct Referral Does Not Mean Deportation
A direct court referral does not automatically result in an asylum denial or immediate deportation. Applicants will still be permitted to present their claims before an immigration judge.
However, applicants without lawful immigration status may be placed into removal proceedings when their cases are transferred. The judge can grant asylum, reject the application or consider other protections against removal.
The administration said the measure would shorten processing times and direct USCIS resources towards cases requiring agency interviews.
