The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) announced a rule change to the asylum system. The interim final rule lets USCIS refer certain affirmative asylum applications directly to Immigration Judges without interviewing the applicant first. It applies mainly to cases that appear barred or unlikely to succeed, such as applications filed more than a year after the applicant’s arrival without an established exception. DHS says the change will cut into the asylum backlog, which topped 1.4 million pending cases at the end of fiscal year 2025.
Currently, both USCIS and the Department of Justice (DOJ) adjudicate asylum applications. USCIS handles “affirmative” applications from people who aren’t in removal proceedings, while Immigration Judges handle “defensive” applications from people already in removal proceedings. Which track applies depends on the person’s immigration status.
When USCIS doesn’t grant an affirmative application and refers it to an Immigration Judge, the applicant gets a fresh, second review of their case. That second look remains available under the new rule. What changes is the step before it. USCIS can now skip the interview and send certain applications straight to court based on the written record alone.
The rule took effect immediately upon publication in the Federal Register on July 28, 2026. DHS is accepting public comments through September 28, and will issue a final rule after reviewing them.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.