DHS Allows Asylum Referrals Without Interviews or Credibility Review
Published Date: 7/28/2026
Rule
Summary
The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
USCIS may refer asylum cases without interview
Starting July 28, 2026, U.S. Citizenship and Immigration Services (USCIS) may—but is not required to—refer certain affirmative asylum applications to the Department of Justice's immigration courts (EOIR) without holding a USCIS interview first. USCIS still may offer an interview before a grant or denial and retains discretion to interview cases as needed.
AOs may deny on discretion before eligibility finding
USCIS is modifying practice so an asylum officer (AO) may determine that an applicant does not merit a grant of asylum as a matter of discretion without first making a separate eligibility determination. This practice change does not require a regulatory amendment but is now an authorized process.
Scale: estimated referrals and backlog impact
DHS estimates about 132,167 future affirmative asylum applicants per year could be referred without interview, and that up to 444,724 pending affirmative asylum applications (31 percent of a 1,434,145 backlog) filed more than one year after last entry may be impacted. DHS says referrals to EOIR may initially increase EOIR workload and DOJ costs.
Referral letters omit credibility assessments
USCIS is removing the regulatory requirement that a written letter communicating the basis for referral of an asylum application include an assessment of the applicant's credibility. Referral letters will still state the basis for referral in writing.
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Key Dates
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