Hundreds of thousands of people seeking asylum in the US could soon find themselves fighting their cases directly in immigration courts run by President Donald Trump’s administration.
A new rule from the Department of Homeland Security (DHS) will allow the government to send some asylum seekers directly to immigration court without first giving them an intake interview about their applications.
Immigration advocates warn that this could increase the chances of cases being dismissed and leave people at immediate risk of arrest and deportation.
Asylum officers could send cases directly to judges
Under the new system, people who say they are escaping persecution may have to explain their need for protection directly before an immigration judge. The rule means they could lose the chance to first speak with an immigration officer about their asylum claims, making it harder for them to present their cases in immigration courts that critics say have become increasingly hostile to asylum seekers.
US Citizenship and Immigration Services (USCIS) officers deal with immigration applications from people who are not already in deportation proceedings. Immigration judges, who work under the Department of Justice, handle cases involving people who are already facing removal from the country.
Under the new rule, USCIS asylum officers will be able to send certain asylum applicants directly to immigration judges. Those judges can then place them in removal proceedings.
Rule takes effect on July 28
The new rule takes effect on Tuesday, July 28. The Trump administration says the move is aimed at reducing a huge backlog of around 1.4 million pending asylum cases.
Immigrant rights groups, however, say the policy could violate due process rights and is part of a wider push by the administration to arrest and deport millions of people.
USCIS plans to deport 1 million
US Immigration and Customs Enforcement (ICE) told Congress earlier this year that it plans to deport 1 million people in 2026 and 2027. The agency also said it plans to keep at least 99,000 people in immigration detention centres on any given day.
DHS argues that asylum seekers do not have a legal right to an interview before their cases are sent to immigration court.
The agency said, “Through the rule, USCIS is also able to more quickly identify aliens that pose a danger to public safety or national security and place those aliens in removal proceedings, where his or her claim for asylum or other forms of relief can be more appropriately heard in an adversarial setting by an immigration judge.”
USCIS Director Joseph Edlow, who was appointed by Trump, defended the new policy.
“For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection,” Edlow said in a statement on Monday.
“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,” he added.
Major changes to immigration courts
The new asylum rule comes as the Trump administration continues to make major changes to the US immigration court system.
More than 100 immigration judges have been fired or forced out over the past year, while dozens of others have retired or resigned. At the same time, the administration has said it has brought in more than 100 new judges to replace them.
Last year, the Trump administration also ordered immigration judges to dismiss almost any case when immigrants appeared for their court-required hearings.
On top of that, the administration has also directed immigration judges to deny bonds to immigrants. The move has overturned decades of earlier practice and has kept people in detention for weeks or months, regardless of how long they have lived in the US or whether they have a criminal record.
Court says administration discriminated against immigrants
Last month, a federal judge ruled that the government had illegally discriminated against “countless” immigrants. The policies affected asylum seekers, green card applicants and people seeking citizenship based on their country of birth.
Judge John McConnell said national security concerns were being used to “mask anti-immigrant sentiments”. His ruling struck down four policies affecting people from around 40 countries.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.