Kurt
Kurt v. Mayorkas
Opinion
Trial Court Opinion
BACKGROUND
22 U.S. Citizenship and Immigration Services (“USCIS”), the federal agency responsible for 23 processing asylum applications, currently faces a backlog of over one million asylum applications. 24 (Dkt. No. 13-1, ¶¶ 2, 34.) While USCIS has struggled to manage its caseload throughout its 25 history, the problem escalated dramatically in 2023, when the backlog nearly doubled. (Id. at ¶ 26 34.) Numerous factors have contributed to this crisis. (Dkt. No. 13, pp. 7-9.) Most saliently, a 27 surge of applications and border crossings by Latin American nationals significantly increased demands on the agency in 2023. (Dkt. No. 13-1, ¶¶ 13-20, 36.) Meanwhile, Congress did not approve commensurate additional funding for asylum processing or backlog reduction. (Id. at ¶¶ 49-52.) USCIS generally employs a three-tiered scheduling system. First, the agency is required to prioritize asylum applications filed by certain Afghan nationals paroled into the United States during Operation Allies Welcome. (Id. at ¶¶ 43-46.) Second, the agency has a “Last-In, First- Out” (“LIFO”) policy, which strives to first schedule interviews for asylum seekers…