The United States has introduced a new rule allowing asylum applications to be referred to immigration judges without applicants first undergoing an interview, in a move aimed at reducing the country’s growing asylum backlog.
The change was announced by U.S. Citizenship and Immigration Services (USCIS) following a statement from the Department of Homeland Security (DHS).
Under the existing system, USCIS handles “affirmative” asylum applications filed by individuals who are not in removal proceedings, while Department of Justice (DOJ) immigration judges adjudicate “defensive” asylum claims involving those already in removal proceedings.
Depending on an applicant’s immigration status, USCIS may either decide an asylum application or refer it to an immigration judge. In cases referred to a judge, the application can undergo another review, which DHS says can effectively give an applicant a second opportunity to seek asylum.
The new interim final rule permits USCIS to refer asylum applications directly to immigration judges without first interviewing the applicant.
