The new rule "will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications."
The Trump administration has announced a rule change that is set to fast-track the backlog in the asylum system, which will allow U.S. Citizenship and Immigration Services (USCIS) to refer certain applications directly to immigration judges instead of having to go through the interview process with asylum applicants.
The USCIS on Monday said that currently "both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates 'affirmative' asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate 'defensive' asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum."
The new rule allows USCIS to refer immigrants directly to an immigration judge which "will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications." The rule is the latest step from the Trump administration to tighten up the immigration process.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “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.”
The rule will take effect immediately, however, the USCIS will be taking public comment on the rule before a final version is greenlit.
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