The Department of Homeland Security (DHS) is overhauling how some asylum applications are handled as officials attempt to reduce a massive backlog of pending cases.
The new interim final rule from U.S. Citizenship and Immigration Services (USCIS), which took effect Tuesday, changes how affirmative asylum applications are handled.
Under the previous process, asylum seekers who voluntarily applied for protection generally received an interview with an asylum officer before their cases were either approved, denied, or referred to immigration court.
DHS said the new policy allows USCIS to refer cases to the Executive Office for Immigration Review without first offering interviews to all applicants.
USCIS said the change is designed to address an asylum backlog that exceeded 1.4 million cases by the end of 2025.
The agency estimated that more than 444,000 pending cases could be affected by the policy and that more than 132,000 asylum seekers each year could be sent directly to immigration court without an initial interview.
DHS said the change will help identify cases involving potential public safety or national security concerns more quickly while allowing immigration judges to review claims in court proceedings.
USCIS Director Joseph Edlow said the asylum system has been “exploited for purposes of delay and work authorization” and argued that the new rule would allow resources to focus on applicants with legitimate claims of persecution.
DHS General Counsel James Percival also said the change would improve efficiency and support the administration’s immigration enforcement priorities.
Immigration attorneys have criticized the policy, arguing that removing the initial interview process could reduce protections for people seeking asylum.
Reuben Kerben, an immigration lawyer, acknowledged that the asylum system has faced significant delays but criticized the rule, arguing it could move more people into deportation proceedings without addressing the underlying backlog.
“They just want to get as many people into that deportation process as quickly as possible so they can be denied,” Kerben told Courthouse News on Monday.
He also warned that the policy could leave some asylum seekers without access to work authorization while their cases are pending.
Other legal experts said moving cases directly into immigration court could add pressure to an already crowded system, Texas Public Radio reported.
Rehan Alimohammad, a professor of practice at the University of Houston Law Center’s Immigration Clinic, said the interview process gives applicants an opportunity to explain their circumstances before entering a more adversarial court setting.
Houston immigration attorney Gordon Quan argued the change could shift cases from one backlog to another by sending more applicants into immigration courts.
The policy comes as immigration remains a central issue in national politics, with the Trump administration pursuing broader changes to enforcement and asylum procedures.
DHS has argued that the previous system allowed delays and encouraged misuse of asylum protections, while critics have argued the new approach could make it harder for vulnerable individuals to present their claims.
USCIS will accept public comments on the interim rule for 60 days before issuing a final version. The agency said the final rule will consider feedback submitted during the comment period.
