Lutheran Social Services of the National Capital Area (LSSNCA) is deeply concerned by U.S. Citizenship and Immigration Services' (USCIS) new interim final rule allowing certain affirmative asylum applicants to be referred directly to immigration court without first being interviewed by a trained asylum officer. The rule relies on dangerously vague criteria for such referrals, granting USCIS broad, undefined discretion that risks denying asylum-seekers a fair and thorough review of their claims.
For individuals who have fled violence and political oppression, seeking asylum is often part of a long and dangerous journey—not simply an immigration process—based on the hope of finding safety and being treated fairly and with dignity. Many asylum-seekers have waited years for the opportunity to present their claims. The asylum interview is often their first and only opportunity to explain why returning to their home country would place their lives at risk. Removing that opportunity by referring their cases directly to immigration court, where they are treated as respondents in an adversarial proceeding, erodes due process and undermines the United States' longstanding commitment to protecting refugees and those seeking asylum.
"Every person seeking asylum deserves a meaningful opportunity to be heard. Due process is not an administrative obstacle — it is a cornerstone of a fair and humane immigration system. When we deny people fleeing persecution the opportunity to present their claims before a trained asylum officer in a non-adversarial process, we weaken both our legal obligations and our nation's longstanding commitment to protecting those seeking safety." — Kristyn Peck, CEO, LSSNCA
LSSNCA strongly urges the administration to rescind this rule and safeguard meaningful due process for asylum-seekers. These life-or-death claims deserve thorough review by specially trained asylum officers, not to be fast-tracked into an already overwhelmed immigration court system. Bypassing this critical review strips away essential procedural protections and increases the risk of wrongful denials and deportations.
