The Donald Trump administration released a new asylum rule that will take effect immediately and will reduce the backlog in the asylum system. The department said that according to the existing process, both USCIS and DOJ immigration judges adjudicate applications for asylum. While USCIS handles “affirmative” asylum applications for people who are not in removal processing, immigration judges handle “defensive” applications for people who are in removal processing.But from now on, USCIS will refer some cases directly to immigration judges as they see fit. DHS said it “essentially allows an alien a second chance to get asylum”, but immigration experts said it is a new rule designed to deny asylum to thousands of migrants by sending them directly into deportation.USCIS Director Joseph Edlow said, “For too long the asylum system has been used for purposes of delay and work authorization, not for legitimate claims to protection.” “The U.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 and not to those who seek to use the system as a loophole.”DHS General Counsel James Percival said, “One of the greatest obstacles to effective immigration enforcement is deliberate delay by illegal aliens and the open borders attorneys who represent them.” “My office works every day with DHS’s immigration components to improve efficiency and carry out the President’s order. The rule will do just that.”
Who seeks asylum in America?
People who flee their countries out of fear of persecution can apply for asylum. But many such fake cases have come to light where applicants claim violence in their own country which is not true. To gain asylum status, a person is required to provide evidence stating that they have either escaped persecution or will do so if they return.
Affirmative asylum seekers vs. defensive asylum seekers
According to USCIS, positive asylum seekers are rarely detained. While the application is pending, you have the freedom to remain in the United States. If your application is found ineligible, you can still remain in the US pending your application before an immigration judge.Defensive asylum seekers are people who have already been ordered deported from the US and are defending themselves. They are ineligible for asylum status in the eyes of the State Department. They are referred to the judicial system.