The Trump administration on 28 July overhauled the US asylum system, introducing an interim final rule that allows US Citizenship and Immigration Services (USCIS) to refer affirmative asylum applications directly to immigration judges — without first conducting an initial interview. The Department of Homeland Security (DHS) said the rule took effect immediately, while immigrant advocacy groups warned it would strip applicants of basic due process protections.

What the New Rule Changes

Under existing procedure, affirmative asylum applicants — those not already in removal proceedings — are interviewed by USCIS officers before their cases are forwarded, if needed, to immigration judges at the Department of Justice. The interim final rule removes that interview step for certain applications, allowing USCIS to send cases straight to an immigration judge. DHS said the change would shorten adjudication timelines for both asylum officers and judges.

The department also noted that the existing two-step process could effectively give some applicants a second opportunity to seek asylum — a dynamic officials described as a structural inefficiency. Notably, DHS said it would accept public comments before issuing a final version of the rule, even as the interim measure is already operative.

What the Government Said

USCIS Director Joseph Edlow defended the rule in pointed terms. For far too long the asylum system has been exploited for purposes of delay and work authorisation, not legitimate claims of protection, he said. He added that the rule would ensure resources are directed toward the timely adjudication of genuine protection claims instead of to those seeking to use the system as a loophole.

DHS General Counsel James Percival went further, attributing delays to undocumented immigrants and their legal representatives. One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them, Percival said, adding that his office works with DHS immigration components daily to improve efficiency and fulfil what he described as the President's mandate.

Advocates Warn of Due Process Risks

Immigration advocacy organisation FWD.us described the regulation as a sharp departure from decades of established USCIS practice. The group highlighted that the rule would also remove a requirement for referral letters sent to immigration judges to include an assessment of an applicant's credibility — a safeguard critics say is fundamental to fair adjudication.

FWD.us also flagged procedural concerns, arguing that implementing the measure as an interim final rule bypassed the standard notice-and-comment process. The organisation called the decision deeply alarming and harmful, saying it would deny asylum applicants basic due process.

Broader Context: TPS and Pending Cases

The rule change arrives as hundreds of thousands of people await decisions on Temporary Protected Status (TPS). According to FWD.us, protections for nationals of Haiti and Syria could end soon following a Supreme Court ruling, while court orders have paused terminations for individuals from Burma, Ethiopia, Somalia, South Sudan, and Yemen. The timing adds urgency to concerns about the fairness of expedited asylum processing for vulnerable populations.

This is the latest in a series of immigration policy shifts under the Trump administration aimed at reducing a substantial case backlog that has accumulated over years. Whether the rule survives legal challenges from advocacy groups remains to be seen.