US Expedites Certain Asylum Cases to Immigration Courts

The Trump administration issued a federal rule that allows U.S. Citizenship and Immigration Services to refer some asylum seekers directly to immigration courts without first conducting an interview. The change applies to individuals who are subject to expedited removal, have been found to have a credible fear of persecution, and are not eligible for asylum under certain grounds, such as those with criminal records or national security concerns.

Previously, asylum seekers who passed a credible fear interview were entitled to a full asylum interview with a USCIS officer before their case could be heard in immigration court. The new rule eliminates that step for a subset of cases, effectively fast-tracking them to the court system. Officials said the move aims to reduce a backlog of asylum cases and speed up removal proceedings for those deemed ineligible.

Critics argue the rule could deny asylum seekers a fair opportunity to present their cases. They note that the asylum interview is often the first chance for applicants to explain their claims in detail and that bypassing it may lead to erroneous denials. Immigration advocates have signaled they may challenge the rule in court.

The rule is the latest in a series of Trump administration actions tightening U.S. asylum policies. It comes as the number of asylum applications has surged, overwhelming the immigration court system. The administration has also implemented policies such as the Migrant Protection Protocols, which require some asylum seekers to wait in Mexico for their U.S. court hearings.