US introduces new asylum rule affecting Nigerians, other foreigners

The United States has introduced a new interim final rule that allows asylum applications to be referred directly to immigration judges, bypassing the requirement for an initial interview. This significant policy shift by U.S. Citizenship and Immigration Services (USCIS) is designed to expedite the processing of asylum cases and alleviate the growing backlog.

Under the previous system, USCIS handled "affirmative" asylum applications from individuals not in removal proceedings, while the Department of Justice's immigration judges adjudicated "defensive" claims from those already facing removal. Depending on the applicant's status, USCIS could either decide the application or refer it to a judge, potentially offering a second review.

USCIS Director Joseph Edlow stated that the asylum system had been misused by some applicants. "For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection," Edlow said. He emphasized that the system is intended for those who genuinely fear persecution and that the new rule will help direct resources to timely adjudications of such claims.

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For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection. America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.

DHS General Counsel James Percival added that delays in immigration proceedings hinder enforcement efforts. "One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," Percival commented. He noted that his office works with DHS components to improve efficiency and fulfill the President's mandate.

The new rule takes effect immediately, though USCIS will accept public comments before issuing a final version. This measure is expected to reduce the overall time for processing cases by both asylum officers and immigration judges.

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One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them. My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.