The United States has introduced a new immigration rule that changes how some asylum applications are processed, a move the government says is aimed at reducing the country’s growing asylum backlog and speeding up decisions on pending cases.
The new policy, announced by the U.S. Citizenship and Immigration Services (USCIS) following a statement from the Department of Homeland Security (DHS), could affect Nigerians and other foreign nationals seeking asylum in the United States.
Under the current asylum process, USCIS handles affirmative asylum applications filed by individuals who are not already facing removal proceedings, while immigration judges under the Department of Justice (DOJ) determine defensive asylum claims involving applicants already in deportation proceedings.
Depending on an applicant’s immigration status, USCIS may either approve an asylum request or refer the case to an immigration judge for further review.
Previously, applicants whose cases were referred generally underwent an interview with a USCIS asylum officer before their cases moved to an immigration court.
However, under the new interim final rule, USCIS can now refer asylum applications directly to immigration judges without first conducting an interview with the applicant.
According to the Department of Homeland Security, the change is expected to shorten case processing times for both asylum officers and immigration judges while helping USCIS reduce its growing backlog of asylum applications.
Explaining the reason behind the policy, USCIS Director Joseph Edlow said the asylum system had increasingly been exploited by individuals seeking to delay immigration proceedings or obtain work authorization 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,” Edlow said.
“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.”
Also commenting on the development, DHS General Counsel James Percival said lengthy immigration procedures have created significant challenges for immigration enforcement.
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” Percival said.
He added that the new rule is expected to improve efficiency while supporting the administration’s immigration enforcement objectives.
The new asylum rule takes effect immediately, although USCIS said it will continue to receive public comments before issuing a final version of the regulation.
The agency noted that feedback received during the consultation period will be considered before the rule is permanently adopted.
Source: U.S. Citizenship and Immigration Services (USCIS) / Department of Homeland Security (DHS).
