The administration has announced a change to the asylum adjudication process, allowing U.S. Citizenship and Immigration Services to send certain applications directly to immigration judges without conducting an initial interview. The move aims to reduce the backlog of asylum claims that have been slowing the immigration system.
The interim final rule, which takes effect immediately, grants USCIS the authority to refer some asylum applications to immigration court without an affirmative asylum interview. Officials described the previous step as unnecessary and a bottleneck in the system.
The rule applies to affirmative asylum claims, which are filed by immigrants who are not yet in removal proceedings. Defensive asylum claims, by contrast, are raised after the government initiates removal proceedings. Under the current system, USCIS interviews affirmative asylum applicants before either granting asylum or referring the case to a judge, leading to duplicate reviews.
With the new rule, USCIS can send certain applications straight to immigration court. Officials say this will allow asylum officers and judges to process cases more efficiently and focus resources on applicants with legitimate persecution claims.
The change is part of a broader effort to tighten the asylum system and accelerate immigration enforcement. Officials argue that the existing process has been exploited to delay removal proceedings and secure work authorization.
USCIS leadership has stated that the asylum system has been used for delay and work authorization rather than genuine protection, and that the rule will help direct resources to legitimate claims.
Department of Homeland Security counsel noted that delays in the asylum system hinder immigration enforcement and that the rule will improve efficiency and fulfill the president's mandate.
The rule takes effect immediately, while USCIS continues to accept public comments before issuing a final version of the regulation.
