Trump admin changes one key point of asylum system to reduce backlog
The Trump administration announced a change to one rule within the U.S. asylum system as it seeks to reduce its heavy backlog of asylum application cases.
by Summer Lane | July 27, 2026
The Trump-led Department of Homeland Security (DHS), along with U.S. Citizenship and Immigration Services (USCIS), announced a new rule change on Monday aimed at slashing the cumbersome backlog of asylum applications.
According to the agencies, USCIS adjudicates “affirmative” asylum applications, which apply to aliens who are not undergoing removal proceedings. The Department of Justice adjudicates “defense” applications for those who are undergoing removal.
A new interim final rule will allow USCIS to refer affirmative asylum applications to immigration judges without first interviewing the alien.
Cutting out this extra step will purportedly reduce the time it takes for both asylum officers and immigration judges to adjudicate applications, per the agencies.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow in a statement.
He continued, “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.”
The new interim rule is slated to go into effect immediately, according to USCIS.
This new rule change comes on the heels of a key asylum ruling from the United States Supreme Court in June. As reported by LindellTV, the court ruled in Mullin v. Al Otro Lado that a migrant cannot apply for asylum unless his or her feet are physically on U.S. soil.
“The wisdom of the policy of metering alien arrivals at the southern border is not before us,” wrote Justice Samuel Alito for the majority opinion. “We decide only that an alien standing in Mexico does not ‘arriv[e] in the United States.’ The INA neither entitles such an alien to apply for asylum nor requires an immigration officer to inspect him.”
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