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The United States government announced a major change in the way certain asylum applications are processed. Through a new rule promoted by U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), some petitions will no longer go through the initial interview with an asylum officer and will be referred directly to an immigration judge.
The measure seeks to reduce the backlog in the immigration system and expedite the resolution of thousands of pending cases. As the authorities explained, the objective is to reduce waiting times for both applicants and the institutions responsible for reviewing the petitions.
¿Cómo funciona actualmente el proceso de asilo?
Until now, the U.S. system has divided asylum applications into two main categories.
On one hand, USCIS analyzes asylum applications known as "affirmative," meaning those submitted by individuals who are not in deportation proceedings. On the other, Department of Justice immigration judges evaluate "defensive" cases, which correspond to individuals who are already facing removal proceedings from the country.
Depending on the applicant's immigration status, USCIS could initially review the petition and subsequently refer the file to an immigration judge for a new evaluation. According to the DHS, this mechanism allowed some foreign nationals to have a second opportunity to attempt to obtain immigration protection.
¿Qué cambiará con la nueva regla?
With the entry into force of the final interim rule, USCIS will have the authority to send certain asylum applications directly to immigration courts without previously conducting an interview with an asylum officer.
Authorities believe that this change will allow reducing the time spent reviewing the same file at different stages and will help decrease the workload for both asylum officers and immigration judges.
According to the DHS, the measure is part of a strategy to make the system more efficient and address the growing number of pending applications.
USCIS Director Joseph Edlow noted that the asylum system must focus on those who truly need protection and not on "those who use the process to delay immigration proceedings."
“For too long, the asylum system has been used improperly to delay processes and obtain work permits, rather than to submit legitimate applications for protection,” said Edlow.
The official added that the new policy seeks to ensure that government resources are used to address more quickly the applications of people facing a real fear of persecution.
“This is not about benefiting those who try to take advantage of the system to circumvent immigration laws, but about ensuring a timely resolution of legitimate cases,” he maintained.
DHS busca acelerar los procedimientos migratorios
For his part, James Percival, Principal Deputy General Counsel for the Department of Homeland Security, asserted that one of the main challenges to enforcing immigration laws is the prolongation of legal processes.
According to the official, the new rule will contribute to improving administrative efficiency and will allow meeting federal government objectives regarding the enforcement of immigration laws.
Percival noted that the DHS continuously works with the various areas responsible for immigration affairs to expedite procedures and reduce delays in resolving cases.
¿Cuándo entra en vigor?
The new provision went into effect immediately. However, USCIS reported that it will continue to receive public comments on the measure before issuing a final rule.
Meanwhile, files that meet the established criteria may be referred directly to immigration judges without going through the interview stage with an asylum officer, marking one of the most significant changes in the processing of international protection applications in the United States in recent years.
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