The U.S. Department of Homeland Security (DHS) has announced an immediate change to the nation’s asylum process aimed at reducing the backlog of pending cases.
Under the new interim rule, U.S. Citizenship and Immigration Services (USCIS) may now refer certain affirmative asylum applications directly to an immigration judge without first conducting an asylum interview. DHS says the change will streamline the process, reduce duplicate reviews, and speed up asylum decisions.
The policy has drawn mixed reactions.
According to Shafi Chowdhury, Esq., the affirmative asylum process provides applicants with a non-adversarial opportunity to present their case before a trained asylum officer. He says immigration court is fundamentally different, where an immigration judge presides, an ICE attorney argues for removal, and the applicant must defend their claim.
Chowdhury says removing the asylum interview eliminates a critical opportunity for applicants to present evidence before entering immigration court. He added that the change could make the process more difficult for vulnerable asylum seekers, including Muslims fleeing religious persecution, war, or political instability in countries such as Syria, Afghanistan, and Iraq, especially as immigration courts continue to face overwhelming caseloads.
The interim rule took effect immediately while USCIS accepts public comments before issuing a final version.
Photo: U.S. Department of Homeland Security (DHS).
Kevin Shakil – AMN