The Trump administration is planning a new approach allowing U.S. immigration authorities to swiftly dismiss some asylum requests without interviewing applicants. Internal documents acquired by CBS News reveal this strategy targeting the current U.S. asylum system, which the administration views as rife with fraud.
The proposed regulation from the Department of Homeland Security would empower officers from U.S. Citizenship and Immigration Services (USCIS) to deny asylum applications filed a year after the applicant’s U.S. entry without conducting interviews. Rejected applicants would then face deportation proceedings in the Justice Department’s immigration courts, presenting their cases in an adversarial environment.
U.S. immigration law normally prohibits filing for asylum a year after entering the country, with exceptions like severe medical conditions or inadequate legal guidance. Unaccompanied minors are exempt from this deadline. The regulation suggests that USCIS can proceed with cases and interviews if applicants fall under these exceptions.
This plan deviates from USCIS’s traditional policy of interviewing nearly all asylum seekers before making determinations. It could mean swift rejections where records indicate the 1-year rule wasn’t met. A USCIS spokesperson noted the difficulty caused by the Biden administration’s border policies, citing a backlog of over a million asylum claims. They stated this change aims to focus on applications needing judicial review.
“This would allow USCIS to avoid wasting time on asylum applications that it would otherwise refer to immigration proceedings and will allow illegal aliens to have their claims heard by a judge,”
Conchita Cruz, a co-executive director of the Asylum Seeker Advocacy Project, criticized the potential rule for possibly placing applicants in deportation proceedings without chances to justify late filings. Cruz highlighted reasons for delays, including living under temporary status and navigating complex immigration processes.
U.S. law permits asylum requests from most foreigners present in the country, even those entering illegally. However, asylum protection demands proof of fleeing persecution based on race, religion, nationality, political beliefs, or social group membership. Those granted asylum can stay in the U.S. permanently; denied applicants face deportation.
The backlog of asylum cases has slowed application processing, prompting claims of economic migrants exploiting the system. Last fall, USCIS had 1.5 million pending asylum applications, while Justice Department courts had 3.3 million claims by March, including 2.3 million asylum requests.
As part of its deportation policy, the Trump administration has enforced measures to limit asylum and increase deportations, particularly of those crossing the southern border. Agreements with nations having questionable human rights records have allowed deportations to “safe third countries.” Additionally, a freeze was placed on all asylum cases managed by USCIS, triggered by a Washington, D.C., incident involving an Afghan asylum recipient. Despite some reversals, the freeze endures for citizens from countries affected by Trump’s “travel ban.”
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