U.S. Plan to Expedite Asylum Application Rejections

The Trump administration is formulating a strategy to allow prompt refusals of certain asylum applications by U.S. immigration officials. This could happen without conducting interviews with the applicants, according to internal documents obtained by CBS News.

The Department of Homeland Security (DHS) appears to be constructing regulations to further restrict access to the U.S. asylum system. Administration officials have previously claimed that the system suffers from widespread fraud.

Regulation Details

According to the documents, U.S. Citizenship and Immigration Services (USCIS), an arm of DHS, would gain authority to reject applications filed more than a year after the applicant’s arrival in the U.S. This would occur without adhering to the traditional interview protocol.

Rejected applicants would enter deportation proceedings within the Justice Department’s immigration courts. This requires them to present their case to stay in an adversarial setting.

Existing Asylum Filing Rules

U.S. immigration law generally prohibits asylum applications filed more than a year after entering the country. Exceptions exist, such as serious medical conditions or inadequate legal help. Unaccompanied minors are exempt from the deadline.

The proposed regulation allows USCIS officers to proceed with cases and conduct interviews if applicants meet any exceptions for missing the 1-year filing deadline.

Potential Impact

However, the regulation would overturn long-standing USCIS policies regarding interviews for nearly all applicants. It allows quick denials based on records suggesting a missed deadline.

“This regulation could mistakenly put applicants into deportation proceedings, denying them the chance to explain late filings,” warns Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project.

Cruz highlighted many causes for delays in applying, such as temporary status from a visa.

Current Asylum Process

Under current American law, asylum can be requested by foreigners on U.S. soil, regardless of their legal entry status. Granting asylum requires evidence of persecution based on race, religion, nationality, political views, or social group membership.

Those granted asylum receive permanent residence, while denied applicants face deportation.

Backlog Concerns

Both current and previous administrations have identified a massive backlog in processing claims. USCIS currently has 1.5 million pending asylum applications, while the Justice Department’s immigration courts have 3.3 million claims, including 2.3 million asylum requests.

Trump Administration Efforts

The Trump administration has enacted various measures to limit asylum and prioritize deportation. Known agreements include “safe third country” policies, redirecting asylum-seekers to other countries instead of the U.S.

Last year, asylum applications managed by USCIS were frozen following security concerns related to an asylum recipient involved in a shooting. The suspension has eased, but restrictions remain on applications from 39 nations detailed in Trump’s travel ban.