Nigerians seeking asylum in the United States may face a faster transition to immigration court following a new rule introduced by the U.S. government aimed at reducing the country’s growing asylum backlog.
The U.S. Citizenship and Immigration Services (USCIS) announced that it can now refer certain asylum applications directly to immigration judges without first conducting interviews with applicants. The change, introduced through an interim final rule by the Department of Homeland Security (DHS), took effect immediately.
Under the previous system, USCIS processed affirmative asylum applications filed by individuals who were not already in removal proceedings. Depending on an applicant’s immigration status, the agency could either decide the application or refer it to an immigration judge after an interview.
The new rule allows USCIS to make such referrals without first interviewing applicants, a move DHS said will reduce processing times and help address the agency’s growing asylum backlog.
The policy could affect asylum seekers from Nigeria and other countries whose applications are handled under the affirmative asylum process, as some cases may now proceed directly to immigration court.
USCIS Director Joseph Edlow said the asylum system had been exploited by some applicants seeking delays or work authorisation rather than protection.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” Edlow said. “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.”
DHS General Counsel James Percival said delays in immigration proceedings had created challenges for immigration enforcement, adding that the new rule would improve efficiency within the system.
The rule is already in effect, although USCIS said it will continue to receive public comments before issuing a final version that reflects feedback from stakeholders.
