The Citizenship and Immigration Services ( USCIS ) office would force immigrants to "give up their cases and accept deportation" by ending the so-called "affirmative action" in asylum processes and sending cases to immigration judges.

The provisional final rule," Affirmative Asylum Referrals Without Interview," was described in detail by Ben Johnson, executive director of the American Immigration Lawyers Association ( AILA ).

This rule, he said, will not only hinder the operation of immigration courts but even harm vulnerable people who are escaping torture and persecution by going through combative trials and likely to be detained. Detention is a cruel and unfair way to pressure people into reneging on their cases and accepting deportation without ever receiving a fair trial, according to the statement.

Johnson noted that this extreme alteration in hospital processing supports the administration's plan to combat the hospital system, which now included preventing people from applying for asylum at the border, a strategy that the conventional majority of the Supreme Court supported.

Johnson continued," This is yet another blow the Administration has dealt to the American hospital system, which includes closing the frontier to asylum seeking, detained them in court sessions, and sent them to dangerous and conflictive nations where they have not lived or set foot. "

Johnson makes the claim that the sending asylum cases immediately to immigration authorities will supposedly help with delays in those courts, which are reliant on the Department of Justice, but Johnson makes the claim that the reverse may actually occur.

By transferring hundreds of USCIS instances to judges who take much longer than hospital officers, he said," This concept will only make the huge backlog of cases in emigration courts worse. "

The most important change is that asylum seekers would no longer go through the" credible fear" interview with USCIS officers, who determine whether a person's case meets the requirements for US protection and, until a judge makes a decision, could obtain an Employment Authorization Document ( EDA ).

More cases should be referred to prison authorities, who can conduct a comprehensive review much more quickly than courts, Johnson said," As opposed to wasting criminal sources by depriving asylum seekers of expected process. "

The Trump administration's new guideline moves in the opposite direction, despite the fact that AILA supports more immigration officials weighing asylum cases.

James Percival, the attorney for the Department of Homeland Security ( DHS), argued that the decision was made in response to an "intentional delay" by asylum seekers ' attorneys in order for their clients to remain in the country.

According to Percival, "one of the biggest obstacles to effective enforcement of immigration rules is purposeful boredom by illegal immigrants and the open borders activists who represent them. "

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