USCIS Revises Asylum Referral Process to Address Backlog
USCIS Revises Asylum Referral Process to Address Backlog
USCIS may now refer asylum applications to immigration judges without first interviewing the applicant.
The Department of Homeland Security has announced an immediate USCIS rule change intended to reduce the asylum case backlog.
Under the current system, asylum applications may be adjudicated by USCIS or by Department of Justice immigration judges. USCIS handles “affirmative” asylum applications filed by noncitizens who are not in removal proceedings. Immigration judges decide “defensive” asylum applications submitted by individuals already facing removal proceedings.
The process generally depends on the applicant’s immigration status. USCIS typically either decides the application itself or refers the case to an immigration judge. Following a referral, the immigration judge conducts a new review of the claim, effectively providing the applicant with another opportunity to obtain asylum.
The interim final rule changes this process by permitting USCIS to send an asylum application directly to an immigration judge without first conducting an interview. DHS states that eliminating this step in appropriate cases will reduce the overall time asylum officers and immigration judges need to adjudicate applications. Addressing the existing asylum backlog is among USCIS’s stated reasons for implementing the change.
USCIS Director Joseph Edlow said the agency believes the asylum system has too frequently been used to delay immigration proceedings and obtain work authorization rather than pursue legitimate protection claims. He stated that the system is intended to protect people who genuinely fear persecution and said the new rule should direct resources toward resolving those cases more quickly.
DHS General Counsel James Percival said deliberate delays by people described by DHS as being in the country illegally, along with attorneys who support open-border policies, have interfered with effective immigration enforcement. He added that his office regularly works with DHS immigration agencies to improve efficiency and carry out the President’s directives and said the rule would advance those objectives.
The interim final rule took effect immediately. USCIS will accept comments from the public and subsequently issue a final rule addressing the feedback received.
Source: “USCIS Announces Rule Change to Asylum System to Reduce Backlog.” USCIS, 27 July 2026, www.uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog.
