Overview
- USCIS published an interim final rule that took immediate effect Tuesday allowing asylum officers to refer certain affirmative asylum applications to immigration judges without first conducting an interview.
- The agency estimates the change could affect about 444,000 pending cases from its roughly 1.4 million backlog and about 132,000 new filings a year by routing those claims into removal proceedings.
- The rule removes a prior requirement that referral letters include credibility assessments and lets officers decide that an applicant “does not merit” asylum on discretionary grounds before an eligibility finding.
- Advocates and legal experts warn the shift will weaken due process because immigration courts do not provide appointed counsel and recent data show sharply higher judge denial rates, which could increase deportations.
- USCIS is accepting public comments on the interim rule and legal challenges are expected while critics and supporters dispute whether the change will ease backlogs or overload courts and speed removals.