DHS Corrects Cost-Benefit Table in Rule on Asylum Referrals Without Interview

DHS published a correction to a cost-and-benefit table (Table 3) in its rule on Affirmative Asylum Referrals Without Interview, originally issued July 28, 2026. The correction fixes formatting in the table and does not change the substance of the rule.

Key points

• This document corrects Table 3 in rule 2026-15190, originally published July 28, 2026.
• The underlying rule allows asylum officers to refer a Form I-589 affirmative asylum application to EOIR without an interview.
• The rule removes language about an applicant's right to an interview, letting officers decide based on the written record alone.
• The cost-benefit table lists expected benefits such as shorter USCIS wait times, alongside possible costs like increased wait times for some applicants.
• This correction only fixes table formatting and does not alter the rule's effective date or substance.

Who is affected

Applicants for affirmative asylum, their attorneys, and USCIS and EOIR staff handling such cases are affected.

What to do