US asylum cases risk limbo under new DHS policy

The U.S. Department of Homeland Security has enacted a new policy that immigration experts warn could leave over a million asylum cases in a state of migratory limbo. This directive, aligning with previous Trump administration policies, removes the initial interview stage for affirmative asylum seekers, sending their cases directly to immigration court.

Previously, USCIS processed "affirmative" asylum requests for individuals not facing deportation, while immigration judges handled "defensive" petitions from those in removal proceedings. USCIS typically resolved or referred cases based on the applicant's status, offering a second chance for asylum. Now, USCIS officers can forward asylum applications to immigration judges without first interviewing the applicant.

Authorities assert this change will shorten decision-making times and decrease the substantial backlog of pending asylum applications, which reached 1,418,536 by December 31, 2025. The new rule takes effect immediately, though USCIS will accept public comments before issuing a final regulation.

However, immigration attorney Haim Vasquez expressed concern, stating, "The agency is trying to modify and limit due process for a person who is eligible and who can legally obtain asylum through a USCIS officer." He also suggested the measure could face future legal challenges.