New rule could speed deportation of asylum seekers

Starting Tuesday, the Trump administration will cut off asylum seekers’ access to an interview to weigh their claims, instead allowing officers to funnel migrants into immigration court for deportation proceedings.

The new rule from U.S. Citizenship and Immigration Services (USCIS) took effect without going through a notice and comment period, a detail likely to be scrutinized in expected future litigation.

Migrants who enter the U.S. and say they are feeling danger or persecution can make an initial claim of asylum, teeing up an interview with a USCIS officer who weighs their claim. That officer can allow a migrant to continue to pursue asylum or reject the claim, referring them to immigration court.

But under the new rule, migrants could be immediately funneled into the immigration court system without ever getting a chance to make their case to USCIS, something the agency said is designed to ensure applicants do not get “a second chance at asylum.”

Under the Trump administration, immigration court judges have been allowed to dismiss some cases without a hearing, prompting critics to say some migrants may never be able to make their case.

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