USCIS Announces Rule Change for Affirmative Asylum Applications to Reduce Backlog

USCIS Announces Rule Change for Affirmative Asylum Applications to Reduce Backlog

On July 27, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a rule or policy change to reduce the backlog in the asylum system. Generally, USCIS adjudicates the affirmative asylum applications while Immigration Judge (DOJ - Department of Justice) examines the defensive asylum applications. The affirmative cases mean the applicants are currently are not in removal proceedings but “defensive” asylum applications stand for aliens who are in removal proceedings. Normally, USCIS usually either adjudicate the application or refer later the applicants to an Immigration Judge if the applicants fail to pass the interview at asylum office. Normally, the Immigration Judge adjudicates all kinds of asylum cases including other defensive asylum cases. If the alien is referred to DOJ, the Immigration Judge will then conduct a new review of the application allowing an alien to get a second chance at asylum interview.

Per USCIS’s statement, the interim final rule will allow asylum officer to refer asylum applications to Immigration Judges without first interviewing the alien. The agency specifically expressed they are making changes to reduce the asylum backlog, and this rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien, despite the new rule will go into effect immediately, USCIS clarifies that they will accept public comments for issuing a final rule responding to those comments.

Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.