New rules for U.S. asylum seekers: “No interview, direct deportation”, the Department of Homeland Security calls it a “second chance”
The Donald Trump administration has issued a new asylum rule that will take effect immediately and will reduce backlog in the asylum system. The department said that under existing procedures, asylum applications are adjudicated by U.S. Citizenship and Immigration Services and Justice Department immigration judges. USCIS handles “affirmative” asylum claims for those who are not in removal proceedings, while immigration judges handle “defensive” claims for those who are.But from now on, USCIS will send some cases they deem appropriate directly to immigration judges. The Department of Homeland Security says it “essentially gives aliens a second chance at asylum,” but immigration experts say it’s a new rule that denies asylum to thousands of immigrants and directly deports them.“For too long, the asylum system has been used to delay and work authorization rather than legitimate claims for protection,” said USCIS Director Joseph Edlow. “The United States’ asylum system exists to protect individuals with a genuine fear of persecution, and this rule will help ensure that resources are directed toward the timely adjudication of these claims, rather than those seeking to exploit the system as a loophole.”“One of the greatest barriers to effective immigration enforcement is the deliberate delays by illegal aliens and the open-border attorneys who represent them,” said James Percival, general counsel for the Department of Homeland Security. “My office works every day with DHS’s immigration division to increase efficiency and fulfill the President’s authority. This rule will do just that.”
Who seeks asylum in the United States?
People who have fled their home country due to fear of persecution can apply for asylum. But there are also false cases where applicants claim violence has occurred in their country when this is not the case. To obtain asylum status, individuals must provide evidence that they have survived persecution or would do so if they returned.
Active asylum seekers versus defensive asylum seekers
According to USCIS, active asylum seekers are rarely detained. You are free to live in the United States while your application is pending. If your application is found to be ineligible, you may still remain in the United States while an immigration judge considers your application.Defensive asylum seekers are those who have been ordered deported from the United States and are defending themselves. In the State Department’s view, they were ineligible for asylum status. They were referred to the judicial system.
