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USCIS announces "last in-first out" processing for affirmative asylum interviews

  1. Original Date Announced

    January 26, 2018

    USCIS announces it will interview the most recent affirmative asylum applicants first. This policy is intended to reduce incentives to file frivolous or non-meritorious asylum applications in order to obtain work authorization. Individuals not granted asylum will be promptly placed into removal proceedings. Obama administration had switched to processing claims based on date of filing to reduce the backlogs.

    [ID #28]

    USCIS: Affirmative Asylum Interview Scheduling
  2. Effective Date

    January 29, 2018
  3.  
  4. Biden Administration Action: Modified

    March 29, 2024

    Affirmative Asylum Interview Scheduling

    This Biden Administration action modifies the policy identified in this entry.

    The Biden Administration modified the last-in-first-out approach by creating a second track for asylum officers to process the longest pending cases. On the first track, USCIS generally schedules asylum interviews in three orders of priority. On the second track, USCIS assigns some of its asylum officers to complete affirmative asylum applications pending in the backlog, starting with the oldest applications and working forward. This permits some of the oldest pending applications to be completed in chronological order.

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Current Status

Partially in effect

Most Recent Action

March 29, 2024 Action: Modified Affirmative Asylum Interview Scheduling
March 29, 2024
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Change in Practice
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS

Pre Trump-Era Policies

  • September 8, 2016

    Beginning in Dec. 2014, USCIS had prioritized asylum interviews in chronological order, hearing the oldest cases first. Before this change, INS/DHS would interview the most recent cases first. The change was made to interview older applications first because the backlog had become overbearing—with applicants waiting five years or more for an asylum interview.

    USCIS: The Affirmative Asylum Process

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