The United States has introduced a major change to its asylum process, allowing immigration authorities to refer certain asylum applications directly to immigration judges without first conducting an interview. The move is designed to speed up case processing and reduce the country’s mounting asylum backlog.
The new interim rule was announced by the U.S. Citizenship and Immigration Services (USCIS) following guidance from the Department of Homeland Security (DHS). Officials say the policy is intended to make the asylum system more efficient while ensuring that resources are focused on applicants with genuine protection claims.
Under the previous system, USCIS handled affirmative asylum applications submitted by people who were not already in removal proceedings. Meanwhile, immigration judges under the Department of Justice (DOJ) ruled on defensive asylum claims involving individuals facing deportation. In some situations, asylum applications referred to immigration judges were effectively reviewed a second time after an initial USCIS assessment.
With the latest change, USCIS can now send eligible asylum applications directly to an immigration judge without first interviewing the applicant. DHS believes the streamlined process will reduce delays for both asylum officers and immigration courts, helping to tackle the growing number of pending cases.
USCIS Director Joseph Edlow said the reform is aimed at preventing abuse of the asylum system while ensuring that those with legitimate fears of persecution receive timely decisions.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” Edlow said. “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.”
DHS General Counsel James Percival also defended the policy, arguing that prolonged immigration proceedings have made enforcement more difficult. He said intentional delays by some migrants and their legal representatives have slowed the system, adding that the new rule supports the administration’s efforts to improve efficiency across immigration agencies.
The rule takes effect immediately, although USCIS has opened a public comment period before issuing a final version. Feedback received during the consultation process will be considered before the regulation is formally adopted.
