The Donald Trump administration released a new asylum rule that will come into effect immediately and it will reduce the backlog in the asylum system. The department said that according to the existing procedure, both USCIS and the DOJ immigration judges adjudicate applications for asylum. While USCIS handles the “affirmative” asylum applications which are for those who are not in the removal process, the immigration judges deal with the “defensive” applications for those who are in the removal process.But from now on, USCIS will straight send some cases to the immigration judges as they deem fit. The DHS said “this essentially allows an alien to get a second chance asylum”, but immigration experts said this is a new rule to deny asylum to thousands of migrants by sending them straight to deportation.“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “America’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 instead of to those seeking to use the system as a loophole.”“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival. “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.”
Who seeks asylum in the US?
People who flee their countries because they fear persecution can apply for asylum. But there have been several fake cases where applicants claim of violence in their own country which is not true. To win asylum status, an individual is required to provide evidence stating that either they have survived persecution or will do so if they return.
Affirmative asylum seekers vs defensive asylum seekers
According to USCIS, affirmative asylum seekers are rarely detained. While the application is pending, you have the freedom to live in the United States. If your application is found ineligible, you can still remain in the US while the application is pending with an immigration judge.Defensive asylum seekers are those who have already been ordered to be deported from the US and they are defending themselves. They are ineligible for asylum status in the eyes of the State Department. They are referred to the judicial system.
