The Biden administration is moving to allow federal asylum officers the ability to consider refugee applications at the southern border in an attempt to overhaul the process and free up immigration courts for other cases.

The Departments of Homeland Security and Justice announced the new rule on Thursday, claiming that it will “improve and expedite processing of asylum claims made by noncitizens subject to expedited removal.”

“The rule authorizes asylum officers within U.S. Citizenship and Immigration Services (USCIS) to consider the asylum applications of individuals subject to expedited removal who assert a fear of persecution or torture and pass the required credible fear screening,” the announcement reads. 

After reviewing all relevant information in an asylum request, the officers will be permitted to decide on the individual’s request.

Only individuals who are not granted asylum will then be sent to an immigration judge for a “removal proceeding,” which would take place within 90 days.

“The rule establishes streamlined procedures for these removal proceedings, designed to promote efficient resolution of the case,” the announcement continued.

Previously, only immigration judges within the DOJ’s Executive Office for Immigration Review had the authority to decide asylum claims. Due to a backlog of 1.7 million cases, however, some of the processes for hearing and deciding asylum claims can take up to several years. The departments said Thursday they are hoping to shrink that timeline to only “several months.” 

“The current system for handling asylum claims at our borders has long needed repair,” DHS Secretary Alejandro Mayorkas said. “Through this rule, we are building a more functional and sensible asylum system to ensure that individuals who are eligible will receive protection more swiftly, while those who are not eligible will be rapidly removed. We will process claims for asylum or other humanitarian protection in a timely and efficient manner while ensuring due process.”

The new rule will only be applied to individuals placed in expedited removal proceedings and will not be applied to unaccompanied children. It is unclear how many migrants seeking asylum will be permitted to use the new system right away.

It is expected to go into effect in May or June, administration officials told reporters, noting that it will be a “slow ramp-up.” 

“This rule advances our efforts to ensure that asylum claims are processed fairly, expeditiously, and consistent with due process,” Attorney General Merrick Garland said. “It will help reduce the burden on our immigration courts, protect the rights of those fleeing persecution and violence, and enable immigration judges to issue removal orders when appropriate. We look forward to receiving additional input from stakeholders and the public on this important rule.”

Plans to give the asylum officers expanded authority first emerged last summer, as the US-Mexico border was overrun by migrants. 

The Biden administration has been repeatedly criticized on both sides of the aisle for its border policies, which critics say encourage unsustainable levels of illegal immigration.

Migrant crossings along the southern border steadily grew during Biden’s first year in office, reaching their peak with more than 213,000 in July. 

February saw the latest spike in crossings, with border officials encountering 164,973 people — a 6.6 percent increase from January.