The Department of Homeland Security (DHS) and Department of Justice (DOJ) are issuing a rule to give asylum seekers decisions more quickly. Whether granted relief or not, individuals applying with asylum claims will know their results within months, not years.

Per the rule, U.S. Citizenship and Immigration Services (USCIS) asylum officers will consider initial asylum information. Currently, only immigration judges from the Justice Department’s Executive Office for Immigration Review (EOIR) review requests. The review process includes consideration of risk for fear of persecution or torture. The credible fear standard will be reviewed by USCIS asylum officers.

If an individual is found to have credible fear in their home country, an interview is scheduled with the USCIS asylum officer. They will gather and review all relevant information about the claim. Following the interview, USCIS will determine whether to grant the asylum request or not. Individuals who are not granted asylum by the USCIS officer will move to removal proceedings in front of an immigration judge. These strategies are designed to improve efficiency and faster resolution. The rules will not apply to unaccompanied children. It will not be retroactive, solely affecting individuals placed in expedited removal proceedings on or after the effective date of the new policy. Rules will be activated in phases, starting with a smaller group of individuals and then expand as additional USCIS Asylum Division resources are built.

The rule will be effective 60 days after publication in the Federal Register. Any additional public comments should be made during the 60-day period. Details on how to comment are noted in the rule.

Currently, with solely the EOIR reviewing requests, court backlogs extend several years for asylum claims, on average. The new rule will shorten the process to several months for most asylum applicants.

If you have questions about your asylum case or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates to immigration policy to ensure our clients get the right advice.

asylum Asylum claims