- The United States will send some affirmative asylum claims straight to immigration courts without USCIS interviews.
- The rule, which comes into immediate effect on Tuesday, is aimed at cutting the time needed to process the backlog of 1.4 million asylum petitions with the US Citizenship and Immigration Services (USCIS).
- According to DHS estimates, more than 132,000 cases a year could be transferred from USCIS to immigration courts under the change.
- The interim final rule from USCIS amends regulations to allow asylum officers to refer certain affirmative asylum applications from noncitizens to immigration judges without first interviewing the individual.
- USCIS Director Joseph Edlow stated that the amended regulations will help protect the integrity of the asylum process, which he argued has long 'been exploited for purposes of delay and work authorization, not legitimate claims of protection.'
- The changes, which USCIS framed as an effort to reduce the affirmative asylum application backlog and protect national security, come as DOJ under President Donald Trump's second term has vastly reshaped the immigration courts with individuals trained to deny asylum in most cases and quickly issue removal orders.
- The Department of Homeland Security estimates roughly 444,000 of the approximately 1.4 million cases in the affirmative asylum backlog could be affected by the rule.
- Jeremiah Johnson, executive vice president at the National Association of Immigration Judges, expressed concern that the rule is part of a larger deportation agenda, to fast track removals without an interview or hearing.
- Greg Chen, senior director of government relations for the American Immigration Lawyers Association, pushed back on USCIS’s assertion that the changes will make the asylum process more efficient, citing the Executive Office for Immigration Review’s own 3.1 million case backlog.
- Chen also indicated that he expects the changes will face legal challenges, including on whether the administration can lawfully deny asylum seekers an interview.
The U.S. has implemented a new rule allowing certain asylum applications to be sent directly to immigration courts, bypassing the traditional USCIS interview process. This change, effective immediately, aims to tackle the significant backlog of 1.4 million asylum petitions.12
According to the Department of Homeland Security (DHS), approximately 444,000 of the pending cases could be impacted by this rule, which is expected to transfer over 132,000 cases annually from USCIS to immigration judges.37
USCIS Director Joseph Edlow emphasized that the asylum system is designed to protect those genuinely fearing persecution, stating, "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." However, critics argue that the changes may be part of a broader deportation agenda.5
Jeremiah Johnson, executive vice president at the National Association of Immigration Judges, expressed concern, saying, "It appears that the rule is part of a larger deportation agenda, to fast track removals without an interview or hearing." Greg Chen from the American Immigration Lawyers Association also raised doubts about the efficiency of the new process, citing the existing 3.1 million case backlog in the Executive Office for Immigration Review.89
The interim final rule reflects a significant shift in the handling of asylum claims, with immigration judges now playing a more central role in adjudicating these cases, a move that has drawn both support and criticism.4
“The interim final rule allows USCIS to refer certain asylum applications directly to immigration judges, potentially affecting 444,000 cases in the backlog. Critics, including Greg Chen from the American Immigration Lawyers Association, argue that the changes may face legal challenges and question the efficiency of the new process.”
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