USCIS has announced an interim final rule permitting asylum officers to refer certain affirmative asylum applications directly to the Executive Office for Immigration Review, or EOIR, without first conducting an asylum interview. The rule is scheduled for publication in the Federal Register on July 28, 2026, and will take effect immediately upon publication.

The stated purpose of the change is to reduce the asylum backlog by shortening the adjudication process and avoiding multiple levels of review in certain cases. Under the current system, USCIS generally interviews affirmative asylum applicants before either deciding the case or referring it to immigration court. The new rule permits USCIS to bypass the interview stage and send selected cases directly to an Immigration Judge for review in removal proceedings.

Implications

Applicants affected by the rule may enter removal proceedings sooner and may not have an opportunity to present their claims to a USCIS asylum officer before appearing in immigration court. As a result, early preparation of testimony, supporting documents, and legal arguments may become increasingly important.

Next Steps

USCIS will accept public comments before issuing a final rule. INLG is monitoring how the agency applies the new referral authority, including which cases may be selected for direct referral and whether additional procedural guidance will be issued.