US DHS overhauls asylum process, allowing direct referral to immigration judges

The U.S. Department of Homeland Security (DHS) has implemented a significant modification to the nation's asylum process, aiming to expedite the resolution of pending cases. Effective immediately, U.S. Citizenship and Immigration Services (USCIS) is authorized to refer specific asylum applications directly to immigration judges, bypassing the traditional affirmative asylum interview. This procedural shift, announced on July 27, 2026, is part of a provisional final rule designed to streamline the system. The DHS stated that the change is intended to "eliminate delays in our asylum process" and allow for more efficient adjudication of claims from "illegal immigrants," aligning with the immigration agenda of President Trump. The agency also indicated that this move will help focus USCIS resources on cases deemed to have legitimate claims for protection. "For too long, the asylum system has been misused to prolong proceedings and obtain work permits, rather than to present legitimate claims for protection," stated USCIS Director Joseph Edlow. He added that the system "exists to protect individuals who genuinely fear persecution" and that the new regulation will enable faster resolution for such cases. This modification specifically affects affirmative asylum applications, those filed by individuals not already in deportation proceedings. Previously, USCIS would interview applicants before deciding whether to grant asylum or refer the case to an immigration judge. The DHS believes this new approach will prevent cases from being evaluated twice, thereby reducing backlogs.