WASHINGTON — The Department of Homeland Security released a statement after U.S. Citizenship and Immigration Services announced a rule change intended to reduce the backlog in the nation’s asylum system, according to the agency.
According to DHS, both USCIS and Department of Justice Immigration Judges currently adjudicate asylum applications. USCIS handles “affirmative” asylum applications for individuals not in removal proceedings, while Immigration Judges handle “defensive” asylum applications for individuals already in removal proceedings. The agency said that depending on an individual’s immigration status, USCIS typically either adjudicates the application directly or refers it to an Immigration Judge for a new review, a process DHS described as effectively giving an applicant a second opportunity to pursue asylum.
Under the new interim final rule, USCIS can now refer asylum applications directly to Immigration Judges without first conducting an interview with the applicant. According to DHS, the change is intended to shorten the total time it takes asylum officers and Immigration Judges to adjudicate asylum applications, and is part of the agency’s broader effort to reduce the asylum backlog.
USCIS Director Joseph Edlow, in a statement included in the release, said the asylum system has for too long been exploited for delay and work authorization purposes rather than legitimate claims of protection. Edlow said the rule is intended to help ensure resources go toward the timely adjudication of genuine asylum claims rather than what he characterized as attempts to use the system as a loophole.
DHS General Counsel James Percival said in the release that intentional delay by illegal aliens and their attorneys represents one of the greatest barriers to effective immigration enforcement. Percival said his office works daily with DHS immigration components to improve efficiency, and said the new rule supports that goal.
According to DHS, the rule takes effect immediately. USCIS will accept public comments on the interim rule and later issue a final rule responding to that feedback.
