The Trump administration is developing a plan that would enable U.S. immigration officials to reject certain asylum applications without conducting interviews, according to internal documents obtained by CBS News. This regulation from the Department of Homeland Security (DHS) aims to tighten access to the U.S. asylum system, which officials have described as being affected by systematic fraud.
Under the proposed regulation, officers at U.S. Citizenship and Immigration Services (USCIS) would have the authority to reject asylum applications if they determine that the applications were filed more than a year after the applicants' arrival in the U.S. This would bypass the traditional requirement of interviewing applicants. Rejected applicants would then enter deportation proceedings before the Justice Department's immigration court system.
U.S. immigration law typically disqualifies individuals from applying for asylum if they do so after one year of entering the country, although there are exceptions for serious medical conditions or inadequate legal counsel. Unaccompanied minors are also exempt from this deadline.
The regulation would allow USCIS to proceed with an asylum case and schedule an interview if applicants meet one of the exceptions for the one-year filing requirement. However, it would change the longstanding practice of interviewing nearly all asylum applicants before making decisions on their claims.
A USCIS spokesperson stated that the administration is considering various options to address a backlog of over one million asylum claims, which they attribute to the previous administration's policies. The spokesperson indicated that this approach would prevent wasting time on applications that would ultimately be referred to immigration court.
Conchita Cruz, an immigration lawyer and co-executive director of the Asylum Seeker Advocacy Project, expressed concerns that the new regulation could lead to wrongful deportations without allowing applicants to explain their circumstances for late filing. Cruz noted that many factors could contribute to delays in filing, including temporary legal status.
U.S. law permits most individuals on American soil to apply for asylum, regardless of their method of entry. However, the criteria for obtaining asylum are stringent, requiring proof of persecution based on race, religion, nationality, political opinion, or social group membership. Those granted asylum can reside in the U.S. permanently, while those denied are subject to deportation.
As of last fall, USCIS had 1.5 million pending asylum applications, while the Justice Department's immigration courts had 3.3 million pending cases, with 2.3 million involving asylum requests. The Trump administration has implemented various measures to restrict asylum and enhance deportation efforts, particularly targeting individuals allowed entry under the previous administration's policies. Additionally, the administration has established agreements with several countries to facilitate the deportation of asylum-seekers to those nations instead of the U.S.
