New Rule Lets USCIS Send Some Asylum Cases Straight to Court

The Trump administration is changing how some asylum claims are handled, allowing U.S. Citizenship and Immigration Services (USCIS) to send certain applications directly to immigration judges without first conducting an…

Andrew PowellJul 27, 20263 min read

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Asylum

before either approving their applications or referring their cases to an

Immigration

judge.

The Department of Homeland Security said the process can lead to some cases being reviewed twice, first by USCIS and later by an Immigration judge.

The new rule gives USCIS the ability to refer certain applications to Immigration court without completing the initial interview.

Administration officials said the change will allow Asylum officers and Immigration judges to handle cases more efficiently and focus resources on people with legitimate claims of persecution.

The move is part of the Trump administration's broader effort to tighten the Asylum system and accelerate Immigration enforcement.

Officials have argued that the existing process has been used by some migrants to delay removal proceedings and obtain work authorization.

"For far too long, the Asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection," USCIS Director Joseph Edlow told Fox News Digital.

"America's Asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole," Edlow added.

DHS general counsel James Percival also argued that delays have made Immigration enforcement more difficult.

"One of the greatest barriers to effective Immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," Percival told Fox News Digital.

The administration says the new approach will improve efficiency while directing resources toward Asylum seekers with valid protection claims.

The rule does not apply to defensive Asylum cases, which are raised before an Immigration judge after removal proceedings have begun.

Although the rule is already in effect, USCIS said it will continue accepting public comments before issuing a final version.

The agency said it will consider feedback received during that process.