Kenyans seeking refuge in the United States are more likely to be affected by a new immigration rule after the U.S. Citizenship and Immigration Services (USCIS) announced changes to how some asylum applications will be processed.
According to the immigration department statement, this rule is intended to reduce the growing backlog of asylum cases by allowing certain applications to move faster through the system.
“The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services announced a rule change designed to reduce the backlog in the asylum system,” the statement read in part.
Further, the U.S. Department of Homeland Security (DHS) said the change took effect immediately and is aimed at improving efficiency in adjudicating asylum claims. USCIS will continue to receive public comments before issuing a final version of the rule.
What the USCIS Rule Has Changed
Under the new interim final rule, the immigration department can now refer some asylum applications directly to an Immigration Judge without first conducting an interview with the applicant.
Previously, asylum officers would generally interview applicants before deciding whether to approve the application or refer it to an Immigration Judge for a separate review.
That process often meant applicants received another opportunity to present their claims before the court.
USCIS says removing the initial interview requirement in eligible cases will shorten the overall time needed to process asylum applications and help reduce the backlog facing both asylum officers and Immigration Judges.
The agency noted that the rule applies to how asylum applications are processed and is designed to improve the efficiency of the immigration system.
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Reason for the Rule Change
USCIS said the rule is intended to reduce delays and direct resources toward faster adjudication of asylum claims.
The immigration department director, Joseph Edlow, said the asylum system should focus on individuals with genuine claims of persecution rather than being used to delay immigration proceedings.
“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,” he said.
DHS General Counsel James Percival said the department is working to improve the efficiency of immigration enforcement and believes the new rule supports that objective.
“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,” he added.
The new rule is already in effect, while USCIS will continue accepting public comments before publishing a final rule responding to the feedback received.
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How the Asylum System Works
Under the current U.S. asylum system, USCIS handles affirmative asylum applications submitted by individuals who are not in removal proceedings.
Meanwhile, Immigration Judges within the Department of Justice decide defensive asylum applications involving individuals who are already in removal proceedings before the immigration courts.
Depending on an applicant’s immigration status, USCIS may either determine the application itself or refer the matter to an Immigration Judge for further consideration.
According to the immigration department, the new rule changes that process by allowing qualifying cases to be referred directly to an Immigration Judge without first going through a USCIS interview.
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