New USCIS rule could allow judges to decide asylum or deportation cases faster
Judges could decide asylum or deportation cases faster with new rule announced by US Citizenship and Immigration Services (USCIS)
A new provision of the Citizenship and Immigration Services (USCIS) could directly refer asylum applications to immigration judges, which could speed up response times, in addition to allowing the granting of this benefit to be resolved more quickly. However, it also increases the risk of accelerated deportations for those who do not meet the established criteria.
“One of the biggest obstacles to effective enforcement of immigration laws is intentional procrastination by undocumented immigrants and the lawyers who represent them, advocates of open borders,” said Department of Homeland Security (DHS) General Counsel James Percival.
The US official specified that this new measure proposed by USCIS seeks to confront the “intentional delay” of lawyers for asylum seekers to stay in the United States.
"My office works daily with DHS immigration departments to improve efficiency and fulfill the President's mandate. This rule would do just that," he said.
The Citizenship and Immigration Services explained that currently USCIS and immigration judges resolve asylum requests in two ways, but now with this new measure, officers could refer cases directly to the judges.
"USCIS resolves "affirmative" asylum claims for applicants who are not in removal proceedings, while Immigration Judges resolve "defensive" asylum claims for applicants who are in removal proceedings. Depending on the applicant's immigration status, USCIS typically resolves the claim or refers it to an Immigration Judge, who then conducts a new review. This allows an applicant a second chance to obtain asylum," the Department of Homeland Security explained. (DHS).
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