Asylum cases reset after missed screening

Dozens of asylum applications were dismissed because applicants did not receive a required credible fear interview.

Asylum cases reset after missed screening

USCIS has notified dozens of asylum applicants that their cases are terminated because they did not receive the required credible fear interview. The letters cover cases filed between 2019 and 2022, and they say processing is terminated until a credible fear interview is completed. The credible fear interview is a screening step for people detained or who arrive seeking asylum.

Experts say a shortage of asylum officers and a surge in filings during the pandemic left interview slots unfilled. The administration says dismissal follows long-standing rules when a case was designated for expedited removal, and that the credible fear interview must come before full asylum proceedings. Lawyers warn the move could force people back into detention or strip work permits and protections after years in the United States, forcing families to restart a legal process.

The episode shows a clash between policy aims and how the system actually works. A process meant to screen claims quickly now creates punitive outcomes when staffing and resources lag behind demand.

Critics say the approach undermines due process and feeds into a climate of deterrence that can harm people who have built lives in the United States. The policy carries budget and legal risks, as courts may weigh in on whether dismissals meet legal standards and whether people should be punished for administrative delays. In the coming weeks, lawmakers and advocates will decide if the administration can balance border control with protections that have long defined the asylum system.

Highlights

The human cost of administrative shifts will shape how the public and courts view this policy