- New policy allows asylum officers to bypass initial interviews for selected applicants based on written records.
- The rule targets a massive backlog of 1.4 million cases with 7.3-year average wait times.
- Approximately 444,000 pending cases and 132,000 future annual filings could be referred directly to judges.
The Trump administration announced Monday that selected asylum applicants could be sent to immigration court without an initial interview, targeting a backlog of more than 1.4 million cases.
The Department of Homeland Security said the interim final rule is scheduled for publication in the Federal Register on Tuesday, July 28, 2026. It takes effect immediately upon publication.
The policy allows asylum officers to refer cases directly to a judge when the written record shows an applicant is barred from asylum, otherwise ineligible for protection, or does not merit protection as a matter of discretion.
Applicants referred without an interview can still present their claims during removal proceedings. The rule removes language suggesting applicants have a “right” to an initial interview.
USCIS Director Joseph Edlow said the change would redirect agency resources toward claims the administration considers legitimate.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” 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.”
The policy reaches a system that held more than 1.4 million pending affirmative asylum cases at the end of fiscal year 2025. Average decision times currently reach approximately 7.3 years.
DHS estimates that more than 444,000 pending cases, or 31% of the backlog, could qualify for referral without an interview because applicants filed more than one year after entering the United States.
The written record can now send selected cases to court
The rule changes the usual order of review. Applicants who are not already in deportation proceedings generally file with USCIS and then attend a non-adversarial interview before an officer.
That interview had served as the standard gateway. The agency could grant asylum or refer the case to a judge for a fresh review.
Under the new procedure, officers can skip the interview in several situations. The categories include applications filed after the one-year deadline without an established exception, mandatory criminal or national security bars, and claims that do not warrant a discretionary grant based on the written record.
The rule also covers applicants who appear barred from asylum or otherwise ineligible for protection. Officers may make that determination before hearing the applicant’s account in person.
DHS says there is “no statutory right to an interview.” The change therefore removes the initial non-courtroom opportunity for applicants whose filings fall within the new categories.
A referral is not an automatic denial. Applicants still can present their asylum claims before an immigration judge during removal proceedings.
The backlog is far larger than the annual referral estimate
The administration’s immediate estimate focuses on pending cases filed more than one year after entry. That group represents about one-third of the accumulated caseload.
The projected future effect is smaller in annual terms but continues beyond the current backlog. DHS expects approximately 132,167 future filings to go directly to judges under the new criteria each year.
The headline figure is roughly 132,000 applicants annually. The pending-case estimate is more than three times larger.
| Category | DHS estimate |
|---|---|
| Pending cases potentially referred without interviews | More than 444,000 |
| Share of pending backlog in that group | 31% |
| Future annual filings potentially referred directly | 132,167 |
| Pending cases at the end of fiscal year 2025 | More than 1.4 million |
| Approximate average decision time | 7.3 years |
The rule is designed to move cases that the department believes can be resolved from the written record into court proceedings faster. The judge will remain able to consider the claim after referral.
DHS links the change to enforcement delays
James Percival, DHS general counsel, said applicants and their lawyers have delayed enforcement. He described the rule as an efficiency measure tied to the president’s mandate.
“One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” Percival said. “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.”
Edlow and Percival also linked the policy to work authorization. Their statements framed some applications as efforts to extend a person’s stay or obtain employment authorization rather than pursue protection from persecution.
The administration’s position is that removing the interview step will free resources for claims that meet the legal requirements for asylum. The policy applies before an applicant receives the traditional interview in cases identified through the written record.
Attorneys warn of faster removals
Immigration attorney Reuben Kerben criticized the policy as a way to accelerate negative decisions and deportation proceedings.
“A tool to keep the deportation machine humming,” Kerben said.
Applicants who bypass the interview will face the court process without first explaining their claims in a non-adversarial setting. The judge can hear the case, but the first substantive review will occur after referral.
That difference is especially relevant to applications affected by the one-year filing rule. DHS’s estimate of more than 444,000 pending referrals centers on cases filed more than one year after entry without an established exception.
The other categories involve mandatory criminal or national security bars and claims that do not merit a discretionary grant. The written application, rather than an interview, becomes the initial basis for the referral decision.
Publication starts the new process immediately
DHS announced the interim final rule Monday, with publication scheduled for Tuesday in the Federal Register. The rule becomes effective as soon as the notice appears.
That timing allows the department to apply the new process to cases already pending. It also sets the framework for the 132,167 future annual referrals projected by DHS.
Applicants sent to court retain the opportunity to seek protection before an immigration judge during removal proceedings. The change affects where and when they first present their claims, not whether they can present them at all.
The Federal Register publication on July 28 will mark the formal start of the policy. From that point, the written record can determine whether selected applicants receive an interview before referral.
