The Department of Homeland Security announced a rule change allowing U.S. Citizenship and Immigration Services to refer certain affirmative asylum applications directly to immigration court without first conducting an interview.
The interim final rule, scheduled for publication in the Federal Register on July 28, will take effect immediately. The change is intended to streamline operations and reduce a historic asylum backlog that surpassed 1.4 million cases at the end of fiscal year 2025.
Under current procedures, USCIS has initial jurisdiction over affirmative asylum applications filed by people in the United States who are not in removal proceedings. Previously, asylum officers typically conducted in-person interviews before deciding whether to grant asylum or refer cases to immigration judges within the Department of Justice’s Executive Office for Immigration Review.
Under the new rule, asylum officers can refer nonmeritorious or barred applications to an immigration judge based on a review of the written record and background checks alone.
The change targets applicants who lack a lawful basis to remain in the country and fall under specific statutory bars or disqualifications. These include failure to meet the statutory one-year filing deadline without an established exception, mandatory criminal, persecution or national security bars, and negative discretionary factors such as connections to serious crime or watchlists.
DHS officials estimate that more than 444,000 pending cases — roughly 31% of the current affirmative backlog — involve applications filed more than one year after entry into the country. In addition, the agency estimates that about 132,167 future annual filings could be referred without an interview under these criteria.
USCIS will continue to conduct in-person interviews before approving or denying any asylum application, as well as for applicants who maintain valid legal status or present potentially meritorious claims.
“For far too long, the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow said. “America’s asylum system exists to protect individuals who genuinely fear persecution, and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.”
DHS General Counsel James Percival said intentional delay is a major obstacle to enforcement and that the rule responds to administration mandates to improve efficiency.
The rule also removes the requirement that referral letters include an assessment of an applicant’s credibility, allowing officers to focus decision documents on threshold eligibility issues. In addition, officers may now issue discretionary referrals without first determining whether an applicant meets the legal definition of a refugee.
Although the policy takes effect immediately, DHS will accept public comments on the interim final rule for 60 days after it is published in the Federal Register.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
