USCIS Changes Affirmative Asylum Referral Process

A new DHS rule allows USCIS to refer certain affirmative asylum applications to immigration court without conducting an interview first. Some cases may now be referred based on the written record alone, although interviews will still be required before USCIS grants or denies asylum. The rule took effect July 28, 2026, and public comments are due by September 28, 2026.