- The new rule, which comes into immediate effect on Tuesday, is aimed at reducing the time required to process the backlog of 1.4 million asylum petitions with the US Citizenship and Immigration Services (USCIS).
- The change applies to affirmative asylum claims, which are filed by immigrants who are not in removal proceedings.
- "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," said USCIS Director Joseph Edlow.
- According to DHS estimates, more than 132,000 cases a year could get transferred from USCIS to the immigration courts under the change.
- The new rule is expected to speed up the processing of around 1.4 million asylum petitions pending with the USCIS.
- Under the interim final rule, USCIS will be able to refer certain affirmative asylum applications directly to immigration judges without conducting an interview first.
- The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien, which will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications.
- A Federal Register notice indicated that about 31 percent of the agency's pending asylum cases could be affected by the change.
The new rule, effective immediately, allows certain asylum seekers to bypass interviews and go directly to immigration courts, addressing a backlog of 1.4 million petitions.15
USCIS Director Joseph Edlow stated, “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.”3
The change applies to affirmative asylum claims filed by immigrants not in removal proceedings.2
Estimates suggest that over 132,000 cases could be transferred annually from USCIS to immigration courts, impacting about 31 percent of pending cases.48
Edlow emphasized that the asylum system has been exploited for delays and work authorization, rather than legitimate protection claims.
The rule aims to streamline the adjudication process, allowing immigration judges to handle cases more efficiently without prior interviews.6
This significant policy shift reflects ongoing efforts to manage the overwhelming backlog and ensure that genuine asylum seekers receive timely consideration of their claims.
“The new rule, effective immediately, aims to expedite the processing of the 1.4 million asylum petitions pending with USCIS. According to DHS estimates, over 132,000 cases could be transferred from USCIS to immigration courts each year, addressing concerns about the system being exploited for delays.”
