New USCIS rules send asylum cases directly to immigration judges, lawyers explain implications

The U.S. Department of Homeland Security (DHS) has announced new rules allowing U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum claims directly to immigration judges within the Department of Justice. This change bypasses the traditional pre-interview process, prompting immigration lawyer Ezequiel Hernández to advise individuals with pending asylum cases on how to proceed.

Hernández emphasized that those with ongoing cases must prepare themselves, gather information, and secure legal representation. He explained that under the new policy, cases will be transferred to deportation proceedings under a judge's jurisdiction, rather than being handled by an asylum officer. "Now you will have a judge and not an officer to interview you," Hernández stated. "This change speeds up processes and, of course, will facilitate deportations."

Despite the potential for faster deportations, Hernández urged migrants with pending cases not to fear attending their court dates. He clarified that these are not the cases that will lead to immediate arrest upon arrival at court, encouraging them to present themselves. "The most important thing here is that people do not think they will be arrested in court as at the beginning of this administration," he said.

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Now you will have a judge and not an officer to interview you. This change speeds up processes and, of course, will facilitate deportations.

However, immigration lawyer Haim Vázquez offers a more cautious outlook. He warned that asylum seekers referred directly to immigration court face a higher probability of their claims being denied. "Up to today, the affirmative asylum applicant has the possibility to go to an immigration judge and present their case. If it is denied, they can go to court and have a second chance," Vázquez explained. "Now, if it is referred directly, it is more likely that the benefit will be denied regardless of the argument presented."

The new regulation, titled "Affirmative Asylum Referrals Without Interview," applies to affirmative asylum claims lacking a clear legal basis for remaining in the country and presenting "clear impediments" to approval by USCIS. Criteria for direct referral include cases with specific deficiencies, though the article does not detail these further.

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Up to today, the applicant of affirmative asylum has the possibility to go to an immigration judge and present their case. If it is denied, they can go to court and have a second chance. Now, if it is referred directly, it is more probable that the benefit will be denied without regard to the argument that is presented.