The Biden administration, after issuing its asylum processing rule, endeavored to increase the number of asylum officers by 800 to meet the burden the new process would impose on the Asylum Division.
The regulation, titled "Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers", allows asylum officers to make final asylum decisions for claims submitted defensively during the credible fear process.
USCIS's historic affirmative backlog is unsurprisingly being met with longer processing times, and the agency is no longer able to meet the INA's statutory deadline for affirmative asylum adjudication.
In June 2023, the affirmative asylum backlog was marked at 842,000 cases, just 72.8 percent of the current 1.16 million backlog.
It is imperative that USCIS's Asylum Division maintain its "Last in, first out" adjudication schedule to prevent the affirmative asylum backlog from turning into a new loophole that enables illegal immigration.
These cases are still considered affirmative asylum applications, but are not counted in USCIS's affirmative asylum backlog while they are pending in immigration court.
4 These petitioning employers have no connection to the Asylum Division, asylum applicants, or the division's services, but are intended to fund the asylum processing rule.
https://cis.org/Jacobs/Affirmative-Asylum-Backlog-Exceeds-One-Million-First-Time
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