New US rule refers some asylum seekers directly to courts

Washington: The US unveiled a new rule referring certain asylum seekers directly to courts without interviews with officials of the immigration services.

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).

"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," USCIS Director Joseph Edlow said in a statement here on Monday.


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"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," the USCIS statement said.

The change applies to affirmative asylum claims, which are filed by immigrants who are not in removal proceedings. Defensive asylum claims, in contrast, are raised before an immigration judge after the government has initiated 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 USCIS said.

"The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog," USCIS said.

"For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection," Edlow said.

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"One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," Department of Homeland Security General Counsel James Percival said.

More than 1,32,000 cases a year could get transferred from USCIS to the immigration courts under the change, according to DHS estimates.

Overall, 31 per cent of the cases in the USCIS backlog could be affected, according to the Federal Register notice.