WASHINGTON, United States – The United States government introduced a new rule on August 4, 2026, allowing asylum applications to be referred directly to immigration judges without first requiring applicant interviews.
Okay News reports that the Department of Homeland Security (DHS) announced the policy change following a statement by U.S. Citizenship and Immigration Services (USCIS). Under the interim final rule, USCIS officers are permitted to forward affirmative asylum claims directly to Department of Justice (DOJ) immigration judges to reduce processing delays.
Prior to the rule change, USCIS handled affirmative asylum claims from individuals not in removal proceedings, while DOJ immigration judges adjudicated defensive claims for individuals facing removal. Depending on an applicant’s immigration status, USCIS could decide an application or refer it to an immigration judge, where it could undergo another review. The new procedure permits direct referrals without an interview to reduce processing time for asylum officers and immigration judges while addressing the backlog.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “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.”
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival. “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 rule takes effect immediately, and USCIS will accept public comments before issuing a final version.
