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FIRST ON FOX: The Trump administration is changing how some asylum claims move through the immigration system, allowing U.S. Citizenship and Immigration Services (USCIS) to refer certain applications directly to immigration judges without first interviewing applicants in an effort to reduce the nation’s asylum backlog.
The interim final rule, which takes effect immediately, gives USCIS the authority to send some asylum applications to immigration court without conducting an affirmative asylum interview, eliminating what the administration called an unnecessary step in the adjudication process.
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.
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FILE – USCIS generally interviews affirmative asylum applicants before either granting asylum or conducting a separate review, which DHS said allows immigrants to “get a second chance at asylum.”
Currently, USCIS generally interviews affirmative asylum applicants before either granting asylum or referring the case to an immigration judge for a separate review. The Department of Homeland Security (DHS) told Fox News Digital the process can result in some applications being reviewed twice — first by USCIS and then again by an immigration judge — adding to the agency’s growing backlog.
Under the new rule, USCIS can refer certain asylum applications directly to immigration court without first conducting an interview, a change administration officials said will allow both asylum officers and immigration judges to process cases more efficiently while directing resources toward applicants with legitimate claims of persecution.
The rule is the latest step in the Trump administration’s broader effort to tighten the asylum system and speed up immigration enforcement, with officials arguing the current process has been exploited by immigrants seeking to delay removal proceedings and obtain work authorization.
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FILE – People wait inside a U.S. Citizenship and Immigration Services office. The Trump administration issued a new rule allowing USCIS to refer certain asylum applications directly to immigration judges without first conducting an affirmative asylum interview. (John Moore/Getty Images)
“For far too long, the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow told Fox News Digital. “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 said delays within the asylum system have hindered immigration enforcement.
FILE – USCIS Director Joseph Edlow said a new rule allowing certain asylum applications to be referred directly to immigration judges without first conducting an affirmative asylum interview will help reduce the asylum backlog. (Graeme Sloan/Bloomberg via Getty Images)
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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,” Percival told Fox News Digital. “My office works every day with the immigration components of DHS to improve efficiency and fulfill the president’s mandate. The rule would do just that.”
The rule takes effect immediately, though USCIS said it will continue accepting public comments before issuing a final version, responding to the feedback it receives.