Affirmative Asylum Referrals Without Interview

Status: In force. The effective date has passed and nothing here records a change to that.

From the published effective date. Nothing here records a court changing it.

• Document number: 2026-15190
• Type: Final Rule
• Published: July 28, 2026
• Effective: July 28, 2026
• Agency: Homeland Security Department

Official abstract

The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility.

Primary source

Read the full text on the Federal Register

This page is a structured index entry, not a substitute for reading the rule. This is not legal advice.

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Data updated October 2, 2026