Trump Administration Bypasses Asylum Interviews to Speed Up Deportations

The Donald Trump administration implemented an interim final rule on July 27, 2026, allowing U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications directly to immigration judges without first conducting interviews. The policy, which took effect Tuesday, aims to reduce a backlog of 1.4 million asylum cases and prevent applicants from using the system as a loophole to obtain work authorization or delay deportation.

Department of Homeland Security (DHS) officials estimate that between 132,000 and 444,000 cases could be affected annually. The move coincides with a broader administration effort to expedite removals, including the replacement of over 100 immigration judges with military lawyers and former DHS prosecutors. This occurs as asylum approval rates fell to 8.8% in the first half of fiscal year 2026.

Administration officials, including USCIS Director Joseph Edlow and DHS General Counsel James Percival, argue the rule ensures resources are directed toward legitimate claims rather than those seeking to exploit the system. However, immigration advocates and the organization FWD.us describe the rule as harmful, arguing it guts due process by removing procedural safeguards and credibility assessments. Critics also note that immigration courts already face a 3-million-case backlog, suggesting that shifting cases from USCIS to judges may further overwhelm the judiciary.