The Trump administration announced a change to the asylum system that could funnel hundreds of thousands of asylum seekers into deportation proceedings without an initial interview to plead their case. The rule took effect on July 27, 2026, and scraps the requirement for trained asylum officers to interview asylum seekers who entered the country legally or have not been charged with an immigration violation.
That’s the machinery at work. U.S. Citizenship and Immigration Services, the agency that oversees a large share of asylum claims, can now send those cases directly to immigration court for removal proceedings, which could lead to a surge in deportation orders. The Department of Homeland Security and USCIS said the new rule is designed to reduce a significant backlog in the asylum system, which has an estimated 1.4 million cases pending.
Who Gets Shunted Into the Court Machine
USCIS Director Joseph Edlow said in a statement: “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection.” DHS General Counsel James Percival said: “One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” adding, “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.”
Immigration law experts criticized the new rule as an effort to boost the administration’s deportation agenda by stripping immigrants of their already limited protections while in the U.S. immigration system. Ingrid Eagly, an immigration law professor at the University of California, Los Angeles, said the policy could “prevent people from having a meaningful review of their asylum claims,” and risks placing credible asylum seekers into an immigration court system that’s increasingly denying asylum claims. She said, “This [rule] will allow that to happen without even granting people an interview.”
Michael Valverde, a former USCIS top official who worked for several years in the department that oversaw asylum applications, said the affirmative asylum program was largely built around these interviews. He said officers received specialized training on how to vet applications, explore contradictions and assess the credibility of asylum seekers. “It’s a foundational bedrock of the affirmative asylum program,” Valverde said. “This is a massive shift away from that.”
What the Court System Does to People
In immigration court, asylum applicants go up against government attorneys who are seeking to get their cases denied. The proceedings are overseen by immigration judges, appointees of the executive branch, who lack the specialized training of USCIS asylum officers, experts said. Immigration courts are experiencing a large backlog with over 3.5 million cases pending as of late April, including asylum claims referred by USCIS, according to the Executive Office for Immigration Review, which is part of the Department of Justice.
In recent months, immigration officials have turned to mass hearings to speed through the backlog, with judges seeing more than 100 cases in a single court proceeding. Meanwhile, the administration has carried out a record hiring spree of immigration judges, many of whom have no clear immigration law experience, according to an analysis by The Washington Post.
Joseph Perez, an immigration attorney based in Virginia who’s represented hundreds of asylum seekers, said foreign nationals who go before an immigration court are at a significant disadvantage compared with those who can speak with a USCIS asylum officer. “If you get to court and there’s a minor deviation in your paperwork, your case will be denied,” he said. “If this occurs in an asylum office, it can be worked out or explained. But in court, every minor discrepancy is held against you.” Perez said detained asylum seekers who can’t afford legal representation face what some immigration lawyers described as a “nearly impossible” challenge. “It’s just about hopeless for them,” he said.
Immigration law experts said there’s a legitimate need to reduce the backlog of asylum cases. The average wait time for asylum cases is an estimated four to seven years, according to the Migration Policy Institute, with some experts saying they’ve seen cases run longer than that. The immigration court backlog more than doubled from fiscal 2021 to 2024, reaching 3.8 million cases amid record border arrivals and mass asylum filings largely under the Biden administration, according to the institute. Castaneda, the American University professor, said, “The backlog is undeniable.”
Several experts said the rule change, if implemented judiciously, could alleviate the backlog without leading to a surge in detentions or denials of valid asylum claims. Perez said there are many cases in which there’s clear evidence that someone does not meet the standard for asylum, such as those involving people convicted of serious crimes. But he added that implementing the rule beyond those cases and doing so without the advice of trained asylum officers could punish law-abiding asylum seekers who’ve worked for years to gain a path toward citizenship.
The Deportation Net Widens
The Trump administration has also moved to reshape other parts of the immigration system. Last year, President Donald Trump shut the border to asylum seekers and suspended the refugee program before later lowering the cap on refugee admissions from 125,000 to 7,500, the lowest level in history. He eventually raised the cap to 17,500, but those slots were only made available to Afrikaners, members of South Africa’s White minority.
In recent days, the temporary protected status of hundreds of thousands of Haitians and Syrians expired after a U.S. Supreme Court decision that allowed the administration to terminate the designation for both countries, stripping recipients of work authorization and protections from deportation. The elimination of the TPS program affects more than 300,000 Haitians nationwide, who now face the possibility of deportation to a country beset by widespread gang warfare, unreliable healthcare, cholera outbreaks and deadly drone attacks.
Dan Berlin, policy director for global nonprofit International Rescue Committee, said: “All TPS holders have played by the rules set out for them, sending in updated addresses when they move.” He added, “The government does know where they live, because they've been abiding by the rules. That makes them particularly vulnerable.” Berlin said advocates now worry that U.S. Immigration and Customs Enforcement may begin detaining people at their homes, in their communities or when they check in with immigration authorities. This week, Haitian residents in Springfield, Ohio, began receiving letters from the U.S. Department of Homeland Security ordering them to report to the ICE office in Cincinnati.
Ciaran Donnelly, the New York City-based organization’s senior vice president for international programs, said, “What we have seen in Haiti is very much the risk of humanitarian deterioration coming into reality.” He said more than half of Haiti’s 12 million people are now estimated to be in humanitarian need, with rampant food insecurity reported across the Caribbean nation. “People are dying of hunger,” Donnelly said. “Government and health services have effectively collapsed, with no real expectation of assistance.”
Armed gangs now control nearly 90% of Port-au-Prince, the nation’s capital city, a power grab that began with the vacuum left by the assassination of Haitian president Jovenel Moise in 2021. According to Amnesty International, police stations, hospitals and ports have been attacked, leaving Haitian society in chaos. Donnelly said families have been displaced as they flee violence and skyrocketing gang recruitment of young people. He said drone strikes have proliferated in public places, killing more than 1,200 people, including 17 children, since early last year. “We’re unaware of who’s operating the drones, but we’re primarily witnessing an impact on the civilian population,” he said.
In Florida, home to nearly half of the country’s 1.1 million Haitian immigrants, religious leaders have implored U.S. Sens. Rick Scott and Ashley Moody to take steps to protect the population. Many received Temporary Protected Status after earthquakes struck Haiti in 2010, killing more than 200,000 people. Berlin said while some people will have other legal options to pursue, for instance asylum claims or family ties, most who had been here under the now-discontinued humanitarian program will be subject to deportation. “They face the choice of voluntarily returning to Haiti or remaining in the U.S. without documentation and being subject to enforcement actions,” he said.
Berlin said the Trump administration first made moves to remove Haitians’ protected status in February 2025. He said many in the community have been in the U.S. for 10 to 15 years. According to the Migration Policy Institute, two-thirds of the country’s Haitian immigrants are concentrated in the metropolitan areas of Miami, New York and Boston. Berlin said they’re overrepresented in critical industries like health and elder care, and that key industries such as construction, transportation, hospitality and caregiving could see major loss of labor. Healthcare providers around the country have said the program’s termination will disrupt vital operations as Haitian immigrants working in nursing homes, home health agencies and mental health facilities lose legal status.