US Bypasses Asylum Interviews, Sending Select Cases Directly to Immigration Courts

A new U.S. Department of Homeland Security regulation allows federal immigration officials to bypass initial non-adversarial interviews for affirmative asylum applicants, transferring cases directly to immigration judges. Issued by U.S. Citizenship and Immigration Services (USCIS), the interim final rule eliminates the requirement that asylum officers interview applicants prior to sending their files to the Executive Office for Immigration Review. Federal officials defended the procedural change as an essential effort to reduce a backlog exceeding 1.4 million cases, accelerate total decision times, and deter individuals from exploiting administrative delays to obtain work authorization. Under the rule, cases deemed ineligible on their merits—such as those filed past the one-year deadline—or those flagged as potential public safety concerns will be shifted directly into adversarial removal proceedings. However, immigration attorneys and human rights advocates expressed sharp concern, warning that stripping the initial asylum officer interview deprives vulnerable migrants of a critical opportunity to explain their persecution claims in a non-courtroom setting. Critics caution that sending individuals directly to immigration courts—where denial rates have reached record highs—threatens due process and increases the risk of deporting legitimate protection seekers back to dangerous conditions.