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USCIS Announces a Change to Asylum System Rules to Reduce the Backlog of More Than One Million Cases

Joseph Edlow, director of USCIS, justified the measure by asserting that the asylum system "has been exploited for too long to buy time and obtain work authorization, not to seek legitimate protection."

Agentes de ICE en Newark, Nueva Jersey/ Ryan Murphy

ICE agents in Newark, New Jersey / Ryan MurphyAFP - Archivo

Carlos Dominguez
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Carlos Dominguez

Published / Updated

2 minutes read

The Department of Homeland Security (DHS) published a statement following the announcement by USCIS regarding a change in asylum system rules aimed at reducing the backlog of hundreds of thousands of pending cases.

Until now, "affirmative" asylum applications (filed by individuals who are not in deportation proceedings) were first reviewed by a USCIS officer. If the officer did not grant asylum, the case was sent to an immigration judge, who would review it from scratch. According to the government, this procedure offered applicants a sort of second chance and contributed to longer processing times.

Up to 444,724, or 31 percent, of the 1.43 million asylum backlog cases may be impacted, it said.

Under the new interim rule, USCIS will be able to refer some of these applications directly to immigration judges at the Department of Justice (DOJ), without first conducting a personal interview. The goal, according to the agency, is to shorten the total processing time and reduce the massive backlog in the system.

The rule takes effect immediately

Joseph Edlow, director of USCIS, justified the measure by stating that the asylum system "has been exploited for purposes of delay and work authorization, not legitimate claims of protection." He added that the rule will allow resources to be focused on those who genuinely fear persecution.

James Percival, general counsel for DHS, was more direct: he stated that one of the biggest barriers to enforcing immigration laws is intentional delay and that this rule helps fulfill the president's mandate to improve the system's efficiency.

The rule took effect immediately.

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