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USCIS revises asylum rules to reduce backlog
The new rule lets the agency refer some asylum cases to immigration judges without first conducting an interview.
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Malvika Choudhary - Mon, 27, Jul 2026
- 12:11 EDT
- 42
USCIS logo and U.S. flag / IANS
USCIS on July 27 announced a new rule allowing some asylum applications to be referred directly to immigration judges without an initial interview to help reduce the asylum backlog.
The interim final rule, which takes effect immediately, changes the processing of affirmative asylum applications filed by individuals who are not in removal proceedings. Previously, USCIS generally interviewed applicants before either granting asylum or referring their cases to the Department of Justice's immigration courts for a fresh review.
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Under the new rule, USCIS may refer eligible asylum applications directly to immigration judges without first conducting an interview.
The U.S. Department of Homeland Security (DHS) said the change is intended to shorten processing times for both asylum officers and immigration judges by eliminating what it described as a duplicative step in the adjudication process.
Currently, USCIS adjudicates affirmative asylum applications, while immigration judges handle defensive asylum claims filed by individuals already in removal proceedings. If USCIS does not grant asylum, applicants are typically referred to an immigration judge, who conducts a new review of the application.
The agency said the rule is designed to reduce the growing asylum backlog and direct resources toward adjudicating claims more efficiently.
"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 in a statement.
"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," he added.
DHS General Counsel James Percival said the rule would improve the efficiency of immigration enforcement.
"One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," Percival said. "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 interim final rule is effective immediately. USCIS said it will accept public comments before issuing a final rule responding to the feedback received.
The rule is the latest in a series of immigration policy changes announced by DHS this year. Earlier in 2026, the department introduced new asylum-related fees and revised other immigration procedures, while also announcing regulatory changes affecting student visas and public charge determinations.
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