DHS Changes Affirmative Asylum Interview Process: What Asylum Seekers Should Know

What Changed in the Affirmative Asylum Process?

Affirmative asylum is the process through which a person in the United States requests protection by filing Form I-589 with USCIS. Under the traditional process, an asylum officer generally interviews the applicant, reviews the claim, and determines whether asylum may be granted. Certain cases are referred to immigration court when USCIS does not grant asylum and the applicant is subject to removal proceedings.

A DHS rule published on July 28, 2026, titled Affirmative Asylum Referrals Without Interview, changes that process by allowing certain applications to be referred to the Executive Office for Immigration Review (EOIR) without an initial USCIS interview. The rule addresses cases involving potential eligibility barriers and other grounds identified by DHS.

The change does not eliminate every affirmative asylum interview or mean that every affected applicant has been denied asylum. A referral moves the case into immigration court, where the applicant may have an opportunity to present the claim to an immigration judge under the procedures applicable to the case.

Why CHC and CAPAC Oppose the Change

The Congressional Hispanic Caucus and Congressional Asian Pacific American Caucus have publicly opposed DHS's effort to end the routine use of affirmative asylum interviews before referral to immigration court. Their position reflects concerns about how the change may affect applicants who need an opportunity to explain their experiences and provide context for their claims.

Asylum cases can involve political persecution, religious persecution, threats, domestic violence, or other serious harm connected to a protected ground under U.S. law. An interview can help an applicant clarify a written statement, explain inconsistencies, and describe events that may be difficult to communicate fully in a written application.

DHS has defended the rule as a way to manage a substantial asylum backlog and use agency resources more efficiently. The disagreement centers on how to balance those administrative goals with the need to evaluate individual claims fairly and provide applicants a meaningful opportunity to explain their circumstances.

How the Rule May Affect Asylum Applicants

The practical consequences depend on the applicant's circumstances and how USCIS applies the rule. Some people with pending affirmative asylum applications may be referred to immigration court without the interview they expected. Applicants should not assume that every pending case will be handled identically or that the existence of the rule automatically means their case will be referred.

A referral is not itself a final determination that an asylum claim lacks merit. However, it can change the setting in which the applicant must pursue protection. Immigration court proceedings have their own hearing schedules, filing deadlines, evidentiary requirements, and procedures for presenting testimony and supporting documents.

The rule has also faced legal challenges. Applicants should verify the current status of the policy and any court orders that may affect its implementation before relying on general information about the new process.

How to Prepare a Pending Asylum Case

People with pending asylum applications can take practical steps to ensure that their claims are accurately documented and that they are prepared for possible changes in processing.

• Review Form I-589: Check dates, addresses, family information, immigration history, and the account of past persecution or feared harm.
• Organize supporting evidence: Preserve identity documents, witness statements, relevant medical or police records, and country-conditions evidence when available and appropriate.
• Address errors carefully: Ask an immigration attorney how to correct material omissions or inconsistencies and whether supplemental evidence should be submitted.
• Monitor USCIS communications: Keep contact information current and respond promptly to notices, interview appointments, and requests for evidence.
• Prepare for court if referred: Review the referral documents, confirm hearing information, and understand the deadlines and procedures that apply to the case.

Applicants should continue following the instructions in their official notices. If USCIS schedules an interview, do not assume it has been canceled because the rule exists. If a scheduling conflict or emergency arises, seek advice promptly about the appropriate procedure.

Get Legal Guidance About Your Asylum Case

Changes to asylum processing can create uncertainty for people waiting for an interview or preparing to present their claims. The effect of the rule depends on the facts of the case, the applicant's procedural status, and the policy and court decisions in effect at the relevant time.

We can review your asylum application, help identify potential eligibility or documentation issues, and explain what a referral to immigration court may mean for your case. Our attorneys can also help you understand applicable deadlines and prepare for the next stage of your immigration proceedings.