US Announces Major Asylum Rule Change, Explains How Future Applications Will be Processed in 2026
- The United States Citizenship and Immigration Services (USCIS) has announced an interim final rule that changes how asylum applications are processed
- The new rule allows USCIS to send asylum applications directly to Immigration Judges without first interviewing applicants
- USCIS director, Joseph Edlow, said the asylum system had been exploited for delay and work authorisation rather than genuine protection claims
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The United States Citizenship and Immigration Services (USCIS) has officially released a significant change to how asylum applications are processed, allowing the agency to refer cases directly to Immigration Judges without conducting an initial interview with the applicant.
The interim final rule, announced on July 27, 2026, by the Department of Homeland Security (DHS), took effect immediately.
Source: Getty Images
USCIS said the change is designed to reduce a growing backlog of unresolved asylum cases and speed up the overall adjudication process.
US: How old and new asylum systems differ
Under the previous arrangement, both USCIS and the Department of Justice (DOJ) Immigration Judges handled asylum cases through separate processes.
USCIS adjudicated "affirmative" applications from people not currently in removal proceedings, while Immigration Judges handled "defensive" cases from those who were.
The system often meant that an applicant could receive a review by USCIS and then a fresh review by an Immigration Judge, effectively giving them two separate opportunities to have their case heard.
The new rule removes the mandatory USCIS interview step, allowing cases to be passed directly to Immigration Judges. USCIS said this will shorten the total time it takes to resolve asylum applications across both agencies.
US asylum system: What officials said
USCIS director, Joseph Edlow, said the asylum system had been misused over the years.
"For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection," he said.
"America's asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole."
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DHS General Counsel James Percival pointed to what he described as deliberate delays as one of the biggest obstacles to immigration enforcement.
"One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," he said. "The rule would do just that."
Although the rule is already in force, USCIS said it will accept public comments and later publish a final rule in response to those submissions.
In a related story, Legit.ng reported that the US published the conditions for asylum seekers seeking a Green Card.
US names Green Card requirements for refugees
Meanwhile, Legit.ng previously reported that the US disclosed the Green Card requirements for refugees seeking permanent residence status.
According to USCIS, US immigration law does not make the process optional. Once a refugee has spent a qualifying amount of time on American soil, they are legally required to pursue adjustment of status, the official term for transitioning from refugee to permanent resident.
To be eligible, a refugee must have been admitted into the US specifically under Section 207 of the Immigration and Nationality Act.
Proofreading by James Ojo, copy editor at Legit.ng.
Source: Legit.ng
