Overview
- The interim final rule published July 27–28 lets USCIS officers omit the usual in‑person affirmative asylum interview and remit cases to immigration court when the written record suggests the applicant is ineligible or barred from relief.
- USCIS frames the change as a measure to cut a backlog of about 1.4 million affirmative asylum applications and estimates roughly 444,724 pending cases, or about 31 percent, could be subject to remittance.
- Immigration advocates and lawyers say the shift will convert many affirmative claims into defensive removal proceedings, increase the chance of deportation, and place more responsibility on already strained immigration judges.
- Separately, internal records and reporting show ICE has expanded airport arrests using TSA passenger data to identify travelers with expired visas or irregular status, with detentions reported at at least 15 U.S. airports in recent weeks.
- DHS opened a 60‑day public comment period on the rule and attorneys are preparing legal challenges while advising migrants to update filings, gather evidence, and avoid domestic air travel if their status is uncertain.