The Trump administration issued a new rule allowing USCIS to refer certain asylum applications directly to immigration judges without first conducting an interview.
The administration announced a new interim final rule that allows U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications directly to immigration court without first conducting an affirmative asylum interview. This change aims to reduce the nation's growing asylum backlog by eliminating an unnecessary step in the adjudication process. Under the current system, USCIS generally interviews affirmative asylum applicants before either granting asylum or referring the case to a judge. The administration announced that this new rule will allow both asylum officers and resources to be directed toward applicants with legitimate claims of persecution. USCIS Director Joseph Edlow stated that the asylum system has been exploited for purposes of delay and work authorization rather than legitimate protection. DHS general counsel James Percival said the rule will improve efficiency and fulfill the president's mandate to tighten the asylum system and speed up immigration enforcement.