U.S. Citizenship and Immigration Services has altered its asylum adjudication procedures, allowing officials to refer certain applications directly to immigration judges without an initial interview.
USCIS Implements Rule Change to Route Asylum Cases Past Initial Interviews
Federal immigration authorities have restructured the nation’s asylum process through an interim final rule announced July 27 by the Department of Homeland Security. Under the updated procedures, U.S. Citizenship and Immigration Services is permitted to refer specific asylum applications directly to immigration judges without first conducting an interview with the applicant.
The operational shift alters a long-standing two-track system. Typically, USCIS manages affirmative asylum applications filed by individuals not currently in removal proceedings, while Department of Justice immigration judges handle defensive asylum claims for those already facing removal. The new framework gives the agency authority to bypass the initial USCIS interview step, aiming to eliminate duplicative procedures and accelerate the adjudication timeline.
Federal officials defended the policy change as a necessary correction to a strained immigration infrastructure. According to the administration, the system has faced significant misuse.
Edlow added that the agency’s primary mandate is to protect individuals with genuine fears of persecution, ensuring that limited resources focus on timely adjudications rather than applications utilizing the system as a procedural loophole. DHS General Counsel James Percival echoed those remarks, pointing to deliberate obstructions by legal representatives.
Percival noted that his office works daily with immigration components to improve efficiency and fulfill executive directives, asserting that the new rule accomplishes that objective. The interim final rule took effect immediately, with USCIS opening a public comment period before issuing a final regulation.
Lawmakers Warn of Detention Surge and Heavy Court Backlogs
The procedural change met immediate opposition from Capitol Hill. Rep. Morgan McGarvey formally called for a reversal of the policy, arguing that routing applicants straight to judges will force more individuals into removal proceedings while in detention.
In a joint letter sent to DHS, McGarvey and fellow Democrats emphasized the historical precedent of the screening process. They noted that since 1990, affirmative asylum applicants have been granted a non-adversarial interview with an asylum officer—a step they describe as vital for thoroughly evaluating a person’s reasons for seeking protection.
By bypassing the USCIS interview phase, McGarvey warned, the regulation will subject additional people to detention facilities and compound an already overwhelmed Executive Office of Immigration Review. The Department of Homeland Security maintained that the measure is essential to process a backlog exceeding 1.4 million pending asylum applications.
When asked for comment regarding the congressional letter, a U.S. Citizenship and Immigration Services spokesperson stated that We respond to congressional correspondence directly through official channels.
McGarvey acknowledged the existing administrative strain but argued that the new rule shifts the burden to communities and local detention centers. The backlog in the courts is worse than the backlog with the asylum case officers,
McGarvey said. He cautioned that community members and neighbors will be caught in the system, leading directly to Immigration and Customs Enforcement detention.
Individual Cases and Broader Policy Battles
McGarvey recently intervened in the case of Sarafinah Bukirwa, a Louisville resident from Uganda diagnosed with sickle cell anemia. Bukirwa, who holds a valid visa and an active asylum application, was detained by Immigration and Customs Enforcement at the airport in Louisville, prompting calls for her medical care and release.
A DHS spokesperson clarified in a statement that Bukirwa entered the United States on a visa that expired in 2024, after which she overstayed, adding that she would receive full due process. Bukirwa has since been released from custody.
As federal agencies implement the interim rule and invite public feedback, lawmakers continue to pursue legislative countermeasures. McGarvey is cosponsoring the No TSA Data for ICE Act, a bill designed to prohibit information sharing between the Transportation Security Administration and Immigration and Customs Enforcement, highlighting the ongoing tension between federal enforcement initiatives and congressional oversight.
