USCIS Rule Lets It Refer Asylum Cases to Immigration Judges Without Interviews
Published Jul 27, 2026Effective Jul 27, 2026
USCIS has announced an interim final rule intended to reduce the backlog in the asylum system. Under the rule, USCIS can refer affirmative asylum applications to Immigration Judges without first interviewing the applicant. The rule took effect immediately, and USCIS will accept public comments before issuing a final rule.
Key points
- USCIS currently adjudicates affirmative asylum applications for people not in removal proceedings, while Immigration Judges handle defensive applications for people already in removal proceedings.
- Previously, when USCIS referred a case to an Immigration Judge, the judge conducted a completely new review of the application.
- The new interim final rule allows USCIS to refer cases to Immigration Judges without conducting an interview first.
- USCIS says the change is meant to shorten total adjudication time and reduce the asylum backlog.
- The rule is effective immediately as an interim final rule, meaning it already applies while USCIS collects public comments.
- The source does not specify a comment deadline.
Who is affected
People applying for asylum in the United States, including those with pending or future affirmative applications, and their attorneys.
What to do
Asylum applicants and attorneys should review the rule once published in the Federal Register and consider submitting comments if they wish.
Full text
The complete official text was archived on this site on 2026-10-12. It stays available here even if the source link changes or is removed.
Release Date
07/27/2026
With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien
WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system.
Currently, both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate “defensive” asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum.
The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “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.”
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival. “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.”
The new rule will go into effect immediately. USCIS will accept public comments and later issue a final rule responding to those comments.
07/27/2026
Original title: USCIS Announces Rule Change to Asylum System to Reduce Backlog
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This summary was produced with AI from the official announcement. Only the official source is authoritative.