Trump Administration Plans to Adjust Asylum Application Process

The Trump administration is preparing a policy change that would impact asylum applications in the U.S., as revealed by internal documents obtained by CBS News. The new regulation by the Department of Homeland Security (DHS) aims to allow immigration officials to swiftly dismiss certain asylum requests without conducting interviews.

DHS plans to empower U.S. Citizenship and Immigration Services (USCIS) officers to reject applications filed by individuals who have been in the U.S. for over a year without undergoing the usual applicant interviews. The regulation mandates rejected applicants to face deportation proceedings within the Justice Department’s immigration court system.

Under current U.S. immigration law, applicants filing for asylum more than a year after entering the country are typically disqualified. However, exceptions apply for serious medical conditions or inadequate legal counsel, and unaccompanied minors are exempt from the deadline.

USCIS officers, according to the internal documents, would continue with asylum cases and conduct interviews only if the applicant fulfills the exceptions for late filing. This proposal marks a shift from USCIS’s past practice of interviewing most asylum applicants before deciding on their claims.

A spokesperson for USCIS mentioned that the administration is exploring methods to address a backlog of over a million asylum applications, attributing it to policies from the Biden administration. One option includes transferring inadequate applications to immigration courts for judicial review rather than wasting USCIS resources.

Concerns have been raised by legal experts. Conchita Cruz, an immigration lawyer and co-executive director of the Asylum Seeker Advocacy Project, warns this regulation could wrongly push applicants into deportation without allowing them the chance to explain delays in filing. She points out complexities in the immigration system that may cause delays, such as living in the U.S. on temporary visas.

Although U.S. law permits most foreigners, including those entering illegally, to apply for asylum, the criteria for receiving asylum are stringent. Applicants must demonstrate that they face persecution due to race, religion, nationality, political opinion, or social group membership.

A backlog of asylum applications has burdened the government’s ability to process claims promptly. USCIS has recorded 1.5 million pending applications, while the Justice Department’s courts await decisions on 3.3 million, with 2.3 million linked to asylum.

The administration has aggressively pursued deportations and curbed asylum, especially for those entering via the southern border under Biden’s policies. Safe third country agreements have been established, requiring asylum-seekers to seek refuge in other nations instead.

Additionally, a freeze was enacted on USCIS asylum cases last year following a violent incident linked to an asylum recipient. Although the pause was subsequently reduced, it remains for applicants from 39 countries affected by Trump’s travel ban.