The Trump administration published a new rule on July 28, 2026, that lets asylum officers skip a key interview step and send certain asylum applications directly to immigration court. The rule, called "Affirmative Asylum Referrals Without Interview" (Federal Register document 2026-15190), took effect the same day it was published. The government is still collecting public comments on it. Federal Register

USCIS Director Joseph Edlow said the rule is meant to reduce a backlog of about one million asylum cases by roughly 30%. "For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection," Edlow said. NPR

What the Rule Changes

Asylum is a legal protection for people who have fled their home country because of persecution. People who are already in the United States can apply for asylum through U.S. Citizenship and Immigration Services, or USCIS, the government agency that handles legal immigration benefits.

Before this rule, a USCIS asylum officer would interview each applicant. The officer would ask about the applicant's fears and experiences, then decide whether to grant asylum or send the case to immigration court for a judge to review. The new rule lets officers skip that interview and send cases straight to court.

An NPR analysis published July 30, 2026, reported on the rule along with other changes to the asylum system under the Trump administration. As of late July 2026, asylum approvals are at their lowest level in at least two decades, according to that analysis. NPR

Other Asylum Restrictions Under the Trump Administration

The interview rule is the latest in a series of actions the Trump administration has taken to tighten access to asylum and related protections since President Trump took office.

Within hours of his inauguration on January 20, 2025, Trump declared a national emergency at the southern border, calling the situation an "invasion." The same day, the administration shut down the CBP One cell phone app that immigrants had used to schedule asylum appointments. White House

The administration has since indefinitely closed the southern border to asylum seekers, according to a Brennan Center analysis published July 22, 2026. Trump signed an executive order freezing all refugee processing, which was partially restarted in October 2025. Brennan Center

The administration set a limit of 7,500 refugee admissions for the 2026 budget year, according to a document published in the Federal Register on October 31, 2025. Administration officials had discussed a limit of 40,000 with a heavy focus on Afrikaners from South Africa before settling on the lower number. The 7,500 admissions will mostly be white South Africans, according to AP News. Federal Register AP News

On February 20, 2026, DHS published a proposed rule aimed at reducing fraudulent asylum claims filed to obtain work permits. That rule would pause work permits for all new asylum applicants until average asylum processing times improve. DHS Reuters

DHS issued a follow-up directive on May 26, 2026, directing U.S. Immigration and Customs Enforcement to take additional steps to crack down on asylum fraud. DHS

Separate USCIS policy changes have narrowed access to the affirmative asylum process. Effective May 18, 2026, USCIS no longer permits attorneys and accredited representatives to participate remotely in asylum interviews at field offices. Effective May 29, 2026, the agency will reject pending Form I-589 asylum applications for applicants who fail to pay the Annual Asylum Fee. That fee, a minimum of $100 per year, was established by a USCIS immigration fees rule published April 29, 2026, implementing the H.R.1 reconciliation bill. USCIS Federal Register

In 2025, USCIS instructed its officers to hold and review all pending asylum applications and all benefit applications filed by nationals of high-risk countries. USCIS

Changes to Other Immigration Programs

The administration has also moved on related legal immigration channels. NPR reported on January 14, 2026, that the U.S. planned to suspend immigrant visas from 75 countries over public-assistance concerns. On May 1, 2026, NPR reported that an administration immigration application pause was throwing lives into limbo. NPR NPR

A final rule on the "Public Charge Ground of Inadmissibility," published in the Federal Register on July 20, 2026, takes effect September 18, 2026. Federal Register

The administration's restrictions have extended beyond domestic policy. Reuters reported on September 12, 2025, that the administration planned a push at the United Nations to restrict global asylum rights. Reuters

Immigration attorney Ruby Powers, who represents asylum applicants from over 43 countries, described the administration's overall approach as "almost like a war on asylum." NPR

The broader context here is a methodical effort across multiple government channels to constrict asylum access at every stage of the process. The July 28 rule removes what had been a procedural gatekeeper: the USCIS interview, where an asylum officer could either grant relief or determine that a case lacked sufficient basis and should be sent to court. By skipping the interview for referrals, the rule shifts responsibility for a large share of affirmative cases to an immigration court system that carries its own backlog. The rule's use of the interim final rule mechanism, which allows immediate effectiveness while public comments are collected, means affected applicants face the new procedure now rather than after a standard notice-and-comment period.

Whether the 30% backlog reduction target is achievable depends on factors the rule itself does not control: how fast immigration courts can absorb additional cases, the volume of new asylum filings, and the outcome of any legal challenges to the rule. The concurrent public-comment period leaves open the possibility of revisions, but the immediate-effect framework means applicants and practitioners are operating under the new referral authority as of July 28.