US Expedites Certain Asylum Cases to Immigration Courts

The rule, published Tuesday, targets asylum seekers who are found to have a credible fear of persecution but are deemed ineligible for an interview under current procedures. It applies to individuals who have been convicted of certain crimes, have been ordered removed previously, or have traveled through a third country without seeking protection there.

Previously, asylum officers conducted non-adversarial interviews to determine whether an applicant's fear was credible before a case could proceed to court. Under the new directive, USCIS officers can bypass that step and issue a Notice to Appear directly, sending the case to an immigration judge for a full hearing.

The Department of Homeland Security said the change is intended to reduce a backlog of more than 1.2 million pending immigration court cases and speed up decisions for those who may not qualify for asylum. Critics argue it strips due process protections and could put vulnerable individuals at risk of being returned to danger without a proper review.

The rule is effective immediately and applies to all asylum applications filed on or after its publication date. It is likely to face legal challenges from immigrant rights groups, who have already filed lawsuits against other administration asylum policies.