RismadarVoice Reporters, August 4, 2026
The United States has introduced a new asylum rule that allows certain applications to be referred directly to immigration judges without applicants first undergoing an interview.
The move is aimed at reducing the growing backlog of asylum cases in the country.
The change was announced by the U.S. Citizenship and Immigration Services (USCIS), following a directive from the Department of Homeland Security (DHS).
Under the previous process, USCIS handled “affirmative” asylum applications filed by individuals who were not in removal proceedings, while immigration judges under the Department of Justice adjudicated “defensive” asylum claims involving people already facing removal proceedings.
Depending on an applicant’s immigration status, USCIS could either adjudicate the application or refer it to an immigration judge.
In cases referred to immigration judges, the application could undergo another review, which DHS said effectively gave some applicants an additional opportunity to pursue asylum.
Under the new interim final rule, USCIS can now refer asylum applications to immigration judges without first interviewing the applicants.
DHS said the measure is expected to reduce the time required by asylum officers and immigration judges to process cases while helping USCIS address the backlog.
USCIS Director Joseph Edlow said the asylum system had been exploited by some applicants seeking to delay immigration proceedings or obtain work authorisation rather than protection from persecution.
“For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection,” Edlow said.
He added that the US asylum system was established to protect people with genuine fears of persecution and that the new rule would help direct resources towards legitimate claims.
DHS General Counsel James Percival also argued that prolonged immigration proceedings had created challenges for enforcement agencies.
He said the rule was designed to improve efficiency and support the administration’s immigration enforcement objectives.
The new rule takes effect immediately.
USCIS will, however, accept public comments on the interim rule before issuing a final version that will take the feedback into account.
The new procedure applies broadly to asylum applicants, including Nigerians and other foreign nationals who fall within the US asylum system.
