The “last in, first out” policy (LIFO) implemented by the Trump Administration has exacerbated asylum wait times by prioritizing the scheduling of interviews for asylum-seekers during the first 21 days after submission of their applications. LIFO pushes waiting asylum applicants farther back in line, some of whom have been waiting upwards of ten years. This Note argues that LIFO is the incorrect response to reduce the immigration backlog; instead, the government should assign immigration officials to work in reverse order to address waiting applicants, implement a five year “cutoff period,” hire more immigration officials, and guarantee the right to free or low-cost counsel to parties in immigration cases.”
Sydney K. Erickson, Ten Days or Ten Years: How the “Last In, First Out” Policy Affects Asylum Interview Scheduling and Disproportionately Harms Immigrants, 27 J. Gender, Race & Just. 211 (2024).