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The United States will send some affirmative asylum claims straight to immigration courts without USCIS interviews. The administration says the move will speed decisions and ease a massive backlog, while critics are likely to question due process.
Washington,UPDATED: Jul 28, 2026 06:02 IST
The United States has unveiled a new rule that allows certain asylum seekers to be referred directly to immigration courts without first being interviewed by immigration services officials. 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).
USCIS Director Joseph Edlow said, "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." He also said, "For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection."
According to a USCIS statement, both USCIS and Department of Justice immigration judges currently decide asylum applications. USCIS handles "affirmative" asylum applications filed by people who are not in removal proceedings, while immigration judges deal with "defensive" asylum applications filed by those already in removal proceedings.
The change applies to affirmative asylum claims. USCIS said that, depending on a person's immigration status, it would usually either decide the application itself or refer it to an immigration judge, who would then carry out a fresh review. "This essentially allows an alien to get a second chance at asylum," the agency said.
Under the interim final rule, USCIS can now refer asylum applications to immigration judges without first interviewing the applicant. "This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog," the agency said.
Department of Homeland Security General Counsel James Percival said, "One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them." According to DHS estimates, more than 1,32,000 cases a year could be transferred from USCIS to immigration courts under the change, while a Federal Register notice said 31 per cent of cases in the USCIS backlog could be affected.
In effect, the new rule changes how some affirmative asylum claims will be handled, with the US administration saying it will speed up decisions and help reduce the existing backlog.
With PTI Inputs
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Published By:
India Today Web Desk
Published On:
Jul 28, 2026 06:02 IST
