DHS has issued an Interim final ruleA rule that takes effect without a prior comment period. The agency accepts public comments after it is published and may revise the rule afterward.See it in the glossary that lets USCIS refer some affirmative AsylumProtection granted to a person already in the United States or at a port of entry who meets the definition of a refugee and cannot safely return to their country.See it in the glossary applications to immigration court without first interviewing the applicant. The rule took effect July 28, 2026.
What the asylum interview rule changes
Under the rule, USCIS may refer a case without an interview if, before a scheduled interview, it determines the applicant is barred from applying, barred from receiving asylum, not eligible on the merits, or does not merit asylum as a matter of discretion. The referral rests on “the record and other relevant evidence.”
The rule applies to applicants who do not maintain a lawful basis to remain in the United States. DHS also removed the requirement that a referral letter include a credibility assessment. According to the Federal RegisterThe daily journal of the U.S. government where proposed and final rules, notices and executive orders are published.See it in the glossary summary, “USCIS still offers an interview prior to a grant or denial of asylum.”
What happens after a referral without an interview
A referred applicant can be placed in Removal proceedingsThe formal court process, formerly called deportation, in which the government seeks to remove a noncitizen from the United States.See it in the glossary before an Immigration judgeAn attorney appointed by the Attorney General who presides over removal proceedings in immigration court, part of the Executive Office for Immigration Review.See it in the glossary. There, the person can pursue asylum or Withholding of removalProtection that bars removal to a particular country where a person's life or freedom would be threatened, or where torture is more likely than not. The judge still issues a removal order, the protection does not lead to a green card, and DHS may be able to remove the person to a third country.See it in the glossary and, potentially, other forms of relief. Attorneys from ICE’s Office of the Principal Legal Advisor represent the government.
For how the process works after a filing, see our explainer on what happens after an asylum application. Immigration judges also gained new room to end asylum cases early, as covered in our report on pretermitting asylum cases.
Why DHS says it made the change
DHS cited a backlog of more than 1.4 million pending affirmative asylum cases at the end of fiscal year 2025 and average processing times of about 7.3 years, according to a law firm summary of the rule. DHS said interviewing every applicant is no longer operationally sustainable and that the change lets officers focus on cases that could be approved. The summary also says DHS acknowledged the change may shift work to immigration courts and lengthen resolution times for some cases.
The Federal Register set September 28, 2026 as the deadline for public comments on the rule.