Trump Administration Bypasses Asylum Interviews to Accelerate Deportations
The Trump administration implemented a new rule allowing USCIS to refer asylum applications directly to immigration judges without interviews to reduce case backlogs.
The Donald Trump administration implemented a new federal rule on July 27, 2026, that allows U.S. Citizenship and Immigration Services (USCIS) to refer affirmative asylum applications directly to immigration judges for removal proceedings without first conducting interviews. The regulation took effect immediately and applies to immigrants not currently in removal proceedings.
Administration officials state the measure is necessary to address a backlog of 1.4 million asylum cases and prevent the system from being used as a loophole to secure work authorizations or create intentional delays. USCIS estimates up to 444,000 cases could be affected, while Department of Homeland Security (DHS) estimates suggest more than 132,000 cases will be transferred annually. As part of this shift, the DHS removed language from its materials asserting that asylum applicants have a right to an interview.
Critics and legal experts argue the rule guts due process and increases the likelihood of detention and deportation for thousands of migrants. Opponents point out that the immigration courts already face a 3-million-case backlog and are presided over by judges recently replaced by former DHS prosecutors and military lawyers. Despite these concerns, USCIS maintains the change will shorten the total time required to adjudicate applications.