The Trump administration has implemented an interim final rule allowing U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum cases directly to immigration judges without first conducting an interview. This change, which takes effect immediately, aims to reduce the nation's asylum backlog.
Under the previous process, USCIS generally interviewed affirmative asylum applicants before granting asylum or referring the case for further review. The Department of Homeland Security (DHS) stated that this could lead to applications being reviewed twice, contributing to the backlog.
The new rule grants USCIS the authority to send some asylum applications directly to immigration court. Officials from the administration contend that this will enable both asylum officers and immigration judges to process cases more efficiently and redirect resources toward applicants with credible claims of persecution. USCIS Director Joseph Edlow stated that the asylum system has been exploited for delays and work authorization rather than legitimate protection claims, and that the rule will help ensure resources are focused on timely adjudication.
DHS General Counsel James Percival noted that delays in the asylum system have impeded immigration enforcement, attributing these delays to individuals and their legal representatives seeking to postpone removal proceedings. He indicated that the rule is intended to improve efficiency and fulfill the president's mandate.
The rule applies to affirmative asylum claims, filed by individuals not currently in removal proceedings. Defensive asylum claims, raised by those already in removal proceedings, are not affected. USCIS will continue to accept public comments on the rule before issuing a final version.