Internal federal government documents have revealed a significant proposed change to how the United States processes asylum claims — one that could eliminate the longstanding practice of interviewing applicants before issuing a decision on their cases.
The Trump administration is developing a Department of Homeland Security regulation that would allow U.S. immigration officials to quickly reject some asylum applications without interviewing the applicants, upending USCIS' longstanding policy of interviewing virtually all asylum applicants before making a decision on their claims.
The documents were first reported by CBS News on June 1, 2026.
What the Proposed Regulation Would Do
Under the proposed regulation, officers at U.S. Citizenship and Immigration Services (USCIS) would be empowered to reject asylum applications without adhering to the traditional practice of interviewing applicants if they find the cases were filed more than a year after the applicant's arrival in the United States.
USCIS would then place rejected applicants in deportation proceedings before the Justice Department's immigration court system, requiring them to plead their cases to remain in the country in an adversarial setting.
Notably,
the regulation would still allow USCIS officers to move forward with an asylum case and schedule an interview if they determine the applicant meets one of the recognized exceptions to the one-year filing deadline.
However, for cases where the paper record alone suggests the deadline was missed, rejections could be issued without any personal interaction between the applicant and a USCIS officer.
The Administration's Rationale
In a statement to CBS News, a USCIS spokesperson said the Trump administration is "considering multiple options" to address a backlog of over a million asylum claims.
The spokesperson added that the plan "would allow USCIS to avoid wasting time on asylum applications that it would otherwise refer to immigration proceedings."
The scale of the backlog is staggering.
USCIS had 1.5 million pending asylum applications as of last fall, while the Justice Department's immigration courts had 3.3 million pending claims as of March 2026, 2.3 million of them involving asylum requests.
Advocates Sound the Alarm
Immigration advocates have responded with sharp criticism.
Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project, said there are "many reasons" why asylum-seekers may file their applications more than a year after entering the U.S., including because they have been living in the country with a temporary status, like a visa.
Cruz warned that "the government would be changing the rules on immigrants who have been navigating a complex immigration process, often for many years."
The concern is not merely procedural. Without an interview, applicants would lose their primary opportunity to explain extenuating circumstances that may have caused them to miss the one-year filing deadline — circumstances that could qualify them for recognized legal exceptions.
The Broader Legal Landscape
U.S. law allows most foreigners on American soil to request asylum, even if they enter the country illegally. However, the threshold to win asylum is much higher, requiring applicants to show they are fleeing persecution on the basis of their race, religion, nationality, political views, or membership in a social group. Those granted asylum are allowed to live in the U.S. permanently, while those whose cases are denied are supposed to be deported.
The one-year filing deadline has long been a feature of immigration law under Section 208 of the Immigration and Nationality Act (INA).
As one legal analyst noted, the proposed plan would only apply to asylum claims filed more than a year after the applicant's arrival — cases that are already largely barred under existing statute.
However, the existing system has historically afforded applicants the opportunity to explain their circumstances in person before a determination is made.
Part of a Broader Pattern of Restrictions
This proposed regulation does not exist in isolation. It represents the latest development in a sustained campaign to restrict access to the U.S. asylum system through multiple simultaneous policy changes.
Annual Asylum Fee:
Effective May 29, 2026, USCIS began enforcing the Annual Asylum Fee (AAF) — a new $102 yearly charge mandated by H.R. 1, the reconciliation legislation signed into law in 2025. Failure to pay this fee can result in asylum applications being rejected, work permits being revoked, and in some cases, the initiation of removal proceedings.
No fee waiver is available.
Asylum Processing Freeze:
The freeze on asylum processing was enacted in late November 2025 after an Afghan asylum recipient allegedly shot two National Guard members in Washington, D.C. The travel ban, which President Trump expanded in December 2025, currently covers 39 nations, and nationals of these countries face a continued freeze on all immigration applications — not just asylum.
While USCIS lifted the freeze for applicants from non-travel-ban countries as of March 30, 2026, a significant number of asylum seekers remain affected.
Safe Third Country Agreements:
The administration has also brokered "safe third country" deportation agreements with multiple nations across the globe, including ones with questionable human rights records, to send asylum-seekers to countries that are not their own.
What This Means for Asylum Seekers
For individuals with pending or prospective asylum claims, this proposed regulation — if finalized — could have significant consequences:
- Applicants who filed after the one-year deadline could see their cases rejected without ever sitting for an interview, even if they have valid reasons for the late filing.
- Those placed in removal proceedings as a result would need to present their claims in immigration court — an adversarial setting where they would face a government attorney arguing for their deportation.
- The already overburdened immigration court system could see a further influx of cases, potentially compounding existing backlogs.
What to Do Now
Asylum seekers and their attorneys should closely monitor the regulatory process for formal publication of this proposed rule. Because the plan is still in development, there may be opportunities for public comment once a proposed or interim final rule is published in the Federal Register.
In the meantime, anyone with a pending asylum application should:
- Ensure their case file is complete and up to date
- Verify compliance with the Annual Asylum Fee requirement
- Consult with a qualified immigration attorney about the potential impact of these changes on their specific case
- Confirm their current address is on file with USCIS to receive any notices