US aims to cut asylum case backlog

Plan calls for immigration officers to handle routine claims

WASHINGTON — The Biden administration on Wednesday proposed changing how asylum claims are handled, aiming to reduce a huge backlog of cases from the Mexican border that has left people waiting years to find out whether they will be allowed to stay in America.

Under the proposal, routine asylum cases no longer would automatically be referred to the overwhelmed immigration court system managed by the Justice Department but would be overseen by asylum officers from U.S. Citizenship and Immigration Services, part of the Homeland Security Department.

Advocates for the change see it as a way to help those with legitimate claims for protection while allowing officials to more quickly deal with people who do not qualify for asylum or are taking advantage of the long delay to stay in the United States.

“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,” Homeland Security Secretary Alejandro Mayorkas said.

The proposal must go through a public comment period before it can be adopted as policy.

Immigration courts have a record backlog of about 1.3 million cases. The Trump administration tried to deal with the issue partly by imposing stricter criteria for asylum and forcing people to seek protection in Mexico and Central America. President Joe Biden’s proposal would streamline the process.

The reason for the change is that in recent years, more people have been seeking asylum under U.S. law, particularly at the Mexican border.

As the system works now, people who present themselves at the border or are apprehended by the Border Patrol and identify themselves as asylum-seekers must pass what is known as a “credible fear” interview. A USCIS asylum officer determines whether they meet the criteria of someone facing persecution in their homeland because of race, religion, nationality, membership in a particular social group or political opinion.

Even if they pass, their case is now referred to an immigration judge and they can wait years for a resolution.

The theory behind the proposed change is that experienced USCIS asylum officers can more quickly sort cases. People who are denied can ask an immigration judge to review the decision and seek an appeal if they are turned down again. Advocates for the new policy believe some with weaker claims may be dissuaded by the early denial.

DHS plans to hire 1,000 asylum officers and 1,000 support staffers to handle the extra workload that will result from the change. USCIS already has more than 400,000 asylum cases awaiting adjudication.