Efforts to reduce immigration case backlog by moving qualifying asylum cases from immigration courts to asylum officers are now reactivated, per U.S. Citizenship and Immigration Services (USCIS). Nine cities across the U.S. are now referring qualifying asylum cases to asylum officers. The rule was introduced in May 2022 and was stopped in April 2023 to give immigration agencies time to prepare for the ending of Title 42.

The U.S. Department of Justice and the U.S. Department of Homeland Security gave USCIS officers the power to approve or reject asylum applications last year. The applications submitted by qualifying noncitizens were considered during expedited removal proceedings. To qualify for expedited processing, applications must have passed the initial asylum screening process.

In order to address the historic 2.6 million cases waiting to be heard in immigration courts, the Biden administration created the asylum application referral program. Several states immediately challenged the policy in court. Those lawsuits have not yet been heard.

The first stage covers individual asylum-seekers only. Eligible noncitizen families in the cities where cases are being referred will be eligible at USCIS’ discretion. Those cities include:

  • Annandale, Virginia,
  • Boston,
  • Chicago,
  • Los Angeles,
  • Miami,
  • Newark, New Jersey,
  • New Orleans,
  • New York,
  • San Francisco or
  • Washington D.C.

If you have questions about asylum or any other immigration-related issue, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice for their specific situation.

asylum Immigration backlog