This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh is an active member.
On July 27, 2026, the Department of Homeland Security (DHS) announced an interim final rule (PDF) effective July 28, that allows U.S. Citizenship and Immigration Services (USCIS) to refer asylum applications to immigration judges without first interviewing the applicant. DHS said the rule will shorten the total time that it takes asylum officers and immigration judges to adjudicate asylum applications and thus reduce the asylum backlog.
Previously, the agency explained, both USCIS and Department of Justice (DOJ) immigration judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for those who are not in removal proceedings, while immigration judges adjudicate “defensive” asylum applications for those who are in removal proceedings. Depending on the individual’s immigration status, USCIS usually either adjudicates the application or refers it to an immigration judge, who conducts a new review of the application.
DHS noted that USCIS still offers an interview before a grant or denial of asylum. DHS said it is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of credibility.
