Berk Kutay Gokmen
29 July 2026•Update: 29 July 2026
The administration of US President Donald Trump on Tuesday introduced a new rule that could move hundreds of thousands of asylum seekers directly into immigration court for deportation proceedings.
The new rule titled “Affirmative Asylum Referrals Without Interview,” from US Citizenship and Immigration Services (USCIS) took effect without going through a notice and comment period.
The policy aims to cut the 1.4 million asylum cases pending at USCIS by nearly one-third and took effect immediately.
Previously, many asylum seekers could present their claims before a USCIS asylum officer. If denied, they could then be referred to immigration court or continue pursuing legal status.
Under the new rule, up to 444,724 cases may instead be transferred directly to immigration judges, who now have expanded authority to dismiss some cases without a hearing.
The administration says the change addresses an asylum system in “unprecedented crisis,” arguing it has been exploited for delays and work authorization rather than legitimate protection claims.
The measure is part of a broader effort by Trump to reshape US asylum policy. Since returning to office, Trump has restricted asylum access at the US-Mexico border and expanded enforcement against migrants already in the country, including those who entered legally and later applied for asylum.