The administration of US President Donald Trump will allow thousands of asylum applications to be sent to immigration courts without applicants having the right to a prior interview about their cases.
In a new rule announced Monday by the Department of Homeland Security (DHS), the agency in charge of immigration processes, the government will allow officials reviewing asylum applications to refer them to immigration court — and thus initiate deportation proceedings — without first hearing the applicants' testimony.
The directive took effect immediately, on July 27, upon publication of the final version of the rule in the Federal Register, according to The DHS said in a statement.
The director of U.S. Citizenship and Immigration Services (USCIS), Joseph Edlow, presented the changes in a statement as an attempt to expedite the resolution of asylum applications and eliminate alleged “misuses” of the current system, established in 1980 to adapt U.S. legislation to international commitments on refugee protection.
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More than 440,000 asylum cases affected
According to the draft document of the rule, the changes are expected to affect more than 440,000 asylum cases.
The measure represents another step in the Trump administration's campaign to overhaul the asylum system, increase the number of denied applications, and increase deportations.
Immigration courts in the United States are administrative tribunals that depend on the Executive Branch, through the Department of Justice, and not on the ordinary judicial branch.
In this system, the Trump administration has replaced dozens of immigration judges and appointed new magistrates with profiles more aligned with its agenda of mass deportations, according to organizations and specialized lawyers.
At the same time, the Department of Justice relaxed the criteria for appointing temporary immigration judges, so that prior experience in immigration law is no longer required. This opens the door for lawyers without experience in this area to fill these positions.
Specialized organizations have also documented a recent increase in asylum denial rates before immigration courts.
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Nearly 94% of asylum applications rejected
According to data from the center TRAC of Syracuse UniversityImmigration courts rejected around 94% of asylum applications resolved in June.
According to the organization WOLA, this figure contrasts with the denial rates recorded during Joe Biden's administration, when the percentage was usually below 60%.
WOLA also notes that, under the Trump presidency, the rejection rate exceeded 70% in March 2025, 80% in January 2026, and 90% in March 2026, which, according to the organization, reflects a sustained hardening of judicial decisions on asylum during the current administration.
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