Applicants referred under the new procedure will not be automatically deported; an immigration judge will still examine their asylum claims
WASHINGTON, July 29, 2026 — The United States has introduced an interim rule allowing U.S. Citizenship and Immigration Services to refer certain affirmative asylum applications directly to immigration court without first conducting an interview at a USCIS asylum office.
The Department of Homeland Security says the procedural change is intended to reduce delays and address the large number of cases awaiting decisions in the American asylum system.
An affirmative asylum application is generally filed by a person who is physically present in the United States and is not already facing removal proceedings. Under the traditional process, USCIS normally schedules an interview at which an asylum officer questions the applicant and examines the evidence supporting the claim.
Under the new rule, USCIS may bypass that interview in certain cases and send the application to the Justice Department’s Executive Office for Immigration Review. The applicant would then present the asylum claim before an immigration judge as part of removal proceedings.
Referral does not mean automatic deportation
The rule should not be interpreted as authorizing immediate or automatic deportation. Referral to immigration court does not itself decide whether an applicant qualifies for asylum.
An immigration judge must still consider the evidence, applicable law and any other forms of protection requested by the applicant. The person may also be able to appeal an unfavourable decision through the immigration-court system.
USCIS must continue to conduct an interview before it grants or denies an asylum application within its own jurisdiction. The interview can therefore be omitted for a court referral, but not when USCIS itself makes the final decision on the asylum claim.
The rule also removes the requirement that a referral notice contain an asylum officer’s assessment of the applicant’s credibility. As a result, some applicants could enter court proceedings without having first provided oral testimony to a USCIS officer.
Immediate effect and public-comment period
The interim rule became effective on July 28, 2026. DHS will accept public comments until September 28, after which the department could retain, revise or replace parts of the policy.
The change could accelerate the movement of cases from USCIS to immigration courts. However, attorneys and refugee advocates may raise concerns about applicants losing an early opportunity to explain inconsistencies, clarify documentation or present sensitive information in an asylum-office interview.
People affected by the rule should rely on official notices relating to their individual cases and seek qualified legal advice where necessary. The procedure applied to one applicant may not necessarily apply to another.
