Trump eliminates a key asylum step: thousands of migrants will go directly before a judge without prior interview

The Donald Trump administration eliminated one of the traditional stages of the asylum process in the United States by authorizing certain applications to be sent directly to an immigration judge, without first passing through an interview with a specialized official from U.S. Citizenship and Immigration Services (USCIS).

Why it matters: The measure seeks to reduce delays in thousands of applications, but it also raises the debate over whether speeding up processes could limit migrants’ opportunities to explain their case before facing a judicial process.

Trump speeds up asylum cases before judges

Trump eliminates a key asylum-Photo: Shutterstock

The new interim rule, which took effect immediately, allows USCIS to refer certain affirmative asylum applications directly to an immigration judge without conducting the initial interview that traditionally served to evaluate the case.

Until now, those seeking asylum affirmatively —that is, without being in a deportation proceeding— were interviewed by a specialized officer before the government decided to grant the benefit or send the file to a tribunal.

According to the Department of Homeland Security (DHS) to Fox News Digital, that procedure caused some files to be reviewed twice: first by USCIS and then by a judge, which contributed to the enormous backlog accumulated in the system.

What changes: Some applicants will go directly from submitting their application to appearing before an immigration judge.

The difference: The interview with an asylum officer will no longer be a mandatory step for those cases.

Trump eliminates a key asylum: The real debate is what is lost by eliminating that prior filter

.@USCIS is eliminating delays in our asylum process so we can more efficiently hear illegal aliens’ claims and fulfill @POTUS Trump’s immigration agenda.https://t.co/F4ykBun3ha

— Homeland Security (@DHSgov) July 27, 2026

The decision does not mean that the possibility of obtaining asylum disappears, according to Fox News.

The immigration judge will continue to have the authority to approve or deny the application.

However, the change modifies who hears the applicant’s story first.

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Asylum officers receive specific training to evaluate cases related to political, religious, ethnic persecution, or belonging to certain social groups.

Judges, on the other hand, conduct judicial proceedings where they must also resolve deportation proceedings and other migration disputes.

The key question: Can a judge replace the specialized analysis performed by an asylum officer?

The debate: Immigrant rights organizations maintain that eliminating that stage could reduce opportunities to fully explain a case before reaching court.

Trump says the change will allow stopping abuses of the system

President Trump is working to CRUSH the immigration asylum backlog – making the government more efficient and speeding up immigration enforcement. pic.twitter.com/A9Dl6Yy8e5

— The White House (@WhiteHouse) July 27, 2026

The administration defends the measure as part of a strategy to make the immigration system more efficient.

USCIS Director Joseph Edlow told Fox News Digital that «for too long, the asylum system has been improperly used to delay processes and obtain work permits, rather than to submit legitimate protection applications.»

According to Edlow, the goal is to concentrate resources on those who truly face persecution and need international protection.

In the same vein, DHS General Legal Advisor James Percival said that delays have hindered the enforcement of immigration laws.

Percival stated that some immigrants and lawyers use delays to prolong their stay in the United States while proceedings advance.

The government’s stance: The rule will allow legitimate cases to be resolved more quickly and reduce the accumulated backlog.

The expected criticism: Immigrant advocates warn that greater speed does not necessarily guarantee a fairer process.

What will happen now with asylum applications

Although the rule has already begun to be applied, USCIS will continue to receive public comments before issuing a final version.

That means the mechanism could still be modified based on the observations the agency receives.

Meanwhile, thousands of applicants could face a process different from the one that existed until now.

The change does not eliminate the right to apply for asylum, but it does transform one of the most important stages of the procedure.

The discussion now shifts away from focusing solely on administrative efficiency and moves to a question that will likely shape the migration debate over the coming months: Will speeding up cases help better protect those fleeing persecution or facilitate more applications ending in deportation?