Trump Administration Plans to Streamline Asylum Application Rejections

The Trump administration is working on a plan to let U.S. immigration officials quickly reject some asylum applications without conducting interviews. This information comes from internal federal documents obtained by CBS News. The proposed regulation would represent an effort to tighten access to the U.S. asylum system, a process officials claim has issues with systematic fraud.

Under this regulation, officers at U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), would have the authority to dismiss asylum applications without interviews if they were filed a year after the applicant’s arrival in the U.S. People rejected in this manner would enter deportation proceedings before the Justice Department’s immigration court system, where they would have to argue to remain in the country.

U.S. immigration law typically disqualifies applications filed more than a year after entry, but there are exceptions. Cases involving severe medical conditions or inadequate legal advice can be exceptions, as are applications from unaccompanied minors.

The proposed regulation would still allow USCIS officers to proceed with asylum applications and conduct interviews if applicants qualify for exceptions to the one-year deadline. However, it would change the current policy of interviewing most applicants before making decisions, enabling quick dismissals based on paper records.

A spokesperson for USCIS stated the administration is considering various options to address a backlog of over a million asylum claims. This backlog is attributed to what they describe as the Biden administration’s open border policies.

Conchita Cruz, an immigration lawyer with the Asylum Seeker Advocacy Project, voiced concerns about applicants being wrongfully placed in deportation proceedings without a chance to explain filing after the deadline. She pointed out that applicants might file late for many reasons, including holding temporary status in the U.S.

Legally, most foreigners in the U.S. can request asylum, even if they enter illegally. However, to be awarded asylum, applicants must demonstrate they are fleeing persecution based on race, religion, nationality, political opinions, or social group membership. Those granted asylum gain the right to live in the U.S. permanently, whereas denied applicants face deportation.

A significant backlog has accumulated in recent years, with USCIS having 1.5 million pending asylum applications as of last fall. The Justice Department’s immigration courts are handling 3.3 million pending claims, with 2.3 million involving asylum requests.

The Trump administration’s crackdown on deportation has included various strategies. It has struck “safe third country” agreements with countries known for questionable human rights records, instructing asylum-seekers to seek refuge there instead of the U.S. At one point, asylum cases overseen by USCIS were paused after an incident involving an Afghan man who had been granted asylum. That pause was partially lifted but remains active for citizens of 39 countries affected by a travel ban proclamation.