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The United States has introduced a new asylum processing rule that could significantly alter how applications from Nigerians and other foreign nationals are handled, as authorities move to speed up decisions and reduce a growing backlog of pending cases.
The new measure, announced by the U.S. Citizenship and Immigration Services (USCIS) following a directive from the Department of Homeland Security (DHS), allows asylum applications to be referred directly to immigration judges without applicants first undergoing an interview with USCIS officers.
Under the existing system, USCIS considers “affirmative” asylum applications submitted by individuals who are not in removal proceedings, while immigration judges under the Department of Justice determine “defensive” asylum claims involving people already facing removal proceedings.
Depending on an applicant’s immigration status, USCIS may either determine the asylum request or refer the matter to an immigration judge. Cases referred to the courts are often reviewed afresh, a process DHS said can effectively provide applicants with another opportunity to pursue asylum.
The new interim final rule changes that procedure by permitting USCIS to transfer asylum applications directly to immigration judges without conducting an interview beforehand.
According to DHS, the measuniteure is expected to shorten processing times for both asylum officers and immigration judges while helping USCIS reduce its mounting asylum caseload.
USCIS Director Joseph Edlow said the asylum process had increasingly been exploited by applicants pursuing objectives other than protection from persecution.
“For far too long the asylum system has been exploited for purposes of delay and work authorisation, 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 argued that prolonged immigration proceedings had complicated enforcement efforts.
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” Percival said.
He added that his office works daily with DHS immigration agencies to improve efficiency and fulfil the President’s immigration enforcement mandate, noting that the new rule is intended to advance that objective.
The rule takes immediate effect, although USCIS said it will continue to receive public comments before issuing a final version that reflects feedback from stakeholders.
