The U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to the affirmative asylum process that could affect thousands of people seeking protection in the United States.
Under a new interim final rule, USCIS asylum officers now have the authority to refer certain affirmative asylum applicants directly to Immigration Court without first conducting an asylum interview. The change took effect immediately after the rule was published in the Federal Register.
Previously, most people who filed for affirmative asylum—meaning they were not already in removal proceedings—were scheduled for an interview with a USCIS asylum officer. During that interview, applicants had the opportunity to explain why they feared returning to their home country before USCIS decided whether to approve the application or refer the case to an immigration judge.
Under the new rule, that interview is no longer guaranteed in every case. Instead, USCIS has the discretion to send some applicants directly into removal proceedings, where an immigration judge will decide whether they qualify for asylum.
The agency says the change is intended to improve efficiency and reduce the growing backlog of asylum cases. However, immigration attorneys and advocacy organizations warn that the new process places even greater importance on the initial asylum application.
Because some applicants may never receive an interview with USCIS, legal experts say every application should be complete, accurate, and supported by as much evidence as possible when it is first submitted. Applicants should not assume they will have an opportunity to explain missing details during a future interview.
Attorneys also stress the importance of responding immediately to any Notice to Appear (NTA) or Immigration Court notice. Failing to appear in court can result in serious consequences, including an order of removal issued in the person’s absence.
USCIS estimates that the rule could affect both pending and future affirmative asylum applications, although it has not said how many cases will ultimately be referred without interviews.
Anyone with a pending asylum application or who receives a referral to Immigration Court is encouraged to consult a qualified immigration attorney or an accredited legal service provider to understand their rights and prepare for the next steps in the legal process.
While the new rule changes how some asylum cases are processed, it does not eliminate affirmative asylum or guarantee that every applicant will be sent directly to court. Each case will continue to be reviewed individually under U.S. immigration law.
