Trump administration rule change could push asylum applicants directly to deportation proceedings

WASHINGTON (OSV News) — The Trump administration issued a new rule July 28 that could send hundreds of thousands of asylum seekers directly into deportation proceedings, a policy change that Catholic immigration advocates warned could leave many applicants at risk of deportation before their applications are even considered. 

The Department of Homeland Security and U.S. Citizenship and Immigration Services cast the rule change as an effort to reduce the 1.4 million pending asylum cases. The rule change took effect immediately, foregoing a public comment period. 

“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow said in a July 27 statement. “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.”

A document implementing the rule estimated that the change could impact nearly 445,000 people, just over 30% of cases in the affirmative asylum backlog.

Elizabeth Carlson, supervising senior attorney at the Catholic Legal Immigration Network, also known as CLINIC, said in written comments to OSV News July 29 that “CLINIC strongly opposes this new USCIS rule, which was issued without providing the public an opportunity to comment before taking effect.” 

“Its clear purpose is to funnel asylum seekers directly into immigration court, eliminating the critical initial review conducted by asylum officers,” Carlson said. “Equally troubling, the rule applies retroactively to individuals whose asylum applications have already been pending, many of whom have waited years for their interviews. Changing the rules midstream in this way unfairly upends their cases and undermines the integrity and fairness of the asylum process.”

David Spicer, policy and engagement director for the secretariat of migration at the U.S. Conference of Catholic Bishops, told OSV News in written comments July 29 that “We are still in the process of reviewing the changes made by this rule and determining the full extent of its impact on people seeking asylum in the United States.” 

“However, the USCCB has consistently affirmed the importance of fair, timely, and orderly processes for people seeking relief under U.S. immigration law,” Spicer said. “Due process is a key component of that and a hallmark of our American legal tradition. This is especially important when it comes to asylum and other humanitarian protections, which can quite literally be a matter of life or death. Unfortunately, what we see today is a disproportionate emphasis on enforcement measures, including the amount of funding provided for that purpose, which can undermine the integrity of our legal immigration system.”

Ashley Feasley, the legal expert in residence at the Immigration Law and Policy Initiative at The Catholic University of America Columbus School of Law, told OSV News, “While it’s undoubted that the asylum system needs reforms to function more efficiently, taking away the opportunity to interview and an in-person assessment from a trained asylum officer and replacing it with a referral to an already over-scheduled judge in an adversarial process, and frequently without counsel, raises serious due process concerns.” 

“This rule’s stated goal is to increase efficiency, but efficiency gains will be charged upon many vulnerable people who will now be foreclosed from demonstrating their case in a meaningful way,” she said. “There are asylum applicants who may not appear to qualify for asylum who may actually qualify and have indeed experienced real persecution. An interview with an asylum officer can result in more detailed facts that show the person may actually qualify.”

The rule change, part of the Trump administration’s hardline immigration policies, comes shortly after a religious sister was detained by U.S. Immigration and Customs Enforcement agents for several hours June 28 while walking to Sunday Mass in Texas near the U.S.-Mexico border.

In remarks at a July 23 press conference, Sister Leticia Ugboaja — whose attorneys said she has been granted protection by a judge from deportation to her native Nigeria because of unsafe conditions there, including the threat of torture — urged that asylum seekers like herself be given the opportunity to “be heard.” 

Religious persecution predominantly affecting Christian communities in Nigeria has been identified as a key concern for the U.S. Commission on International Religious Freedom, an independent, bipartisan U.S. federal government commission that monitors religious freedom around the globe.

At the time, Sister Leticia’s attorneys expressed concern the Trump administration may seek to deport her to a third country instead. But Bishop Daniel E. Flores of Brownsville, Texas, said in a July 29 statement that Sister Leticia, who is known as “Sister Letty,” will be able to “remain in our community while her case is allowed to move forward.”

“As we feel some relief at these most recent events, we also remember that it is important to continue praying for and accompanying the many individuals and families who live in fear and anxiety as they seek a way to resolve their immigration status,” Bishop Flores said. “The prospect of deportation to a third country frightens many persons who, like Sister Letty, have violated no laws, and who have been granted permission to stay while conditions in their country of origin remain life-threatening.” 

Although “Sister Letty is able to pursue legal remedies allowing her to remain here and not be deported to a third country,” he continued, “the outcome of such efforts remains an open question.” 

“Sister Letty’s case reminds us that a right to seek recourse, and respect for the rules of due process are a vital part of our legal system, designed to protect the vulnerable who often have no voice,” Bishop Flores said.

Catholic social teaching on immigration balances three interrelated principles — the right of persons to migrate in order to sustain their lives and those of their families, the right of a country to regulate its borders and control immigration, and a nation’s duty to regulate its borders with justice and mercy.

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