When people seeking asylum file affirmatively with USCIS they can generally expect that the agency will process their applications, interview them about the claims and make an independent decision as to whether or not the applicant meets the legal standard to be granted asylum. This is important because the setting that USCIS provides to people fleeing persecution and seeking asylum is not supposed to be high stress; rather, the point of policy was to ensure asylum officers trained in humanitarian interviewing were the first to hear applicants’ stories of persecution and trauma.
If USCIS decides someone is not eligible for asylum, the agency issues a letter referring to immigration court where they will have a second chance to prove their case before an immigration judge. The stakes are higher because the application is now in a defensive setting where an adversarial government attorney tries their best to undermine an asylum claim. This two-step process has been how things have worked since reforms in the system were enacted by Congress in 1994-1995.
On July 27, 2026, the Trump administration, sidestepping a public notice and comment period as required by the Administrative Procedures Act, changed how affirmative asylum applications are handled by USCIS—in a so-called effort to decrease asylum backlogs. Now, USCIS doesn’t have to engage in a full interview and review process; instead, they can simply refer applications to immigration court, where the threat of deportation is ever present. Applicants receive no interview with asylum officers who have expertise in humanitarian interviewing, and get no second chance to seek safety and protection.
In addition, the rule will also truncate the timeline for asylum seekers cases to be pending and to obtain work authorization, something many need in order to work so they can afford to hire an attorney to help them. Since World War II, the United States has committed itself to protecting displaced people fleeing persecution, a commitment that seems forgotten. But, there are still advocates who believe in that promise made in the shadows of the holocaust, who are ready to stand against this injustice and to fight to protect these congressionally mandated rights.