WASHINGTON — In its latest move to restrict the legal immigration system, the Trump administration announced a sweeping change Monday that could lead to the deportations of thousands of asylum seekers.
The change from U.S. Citizenship and Immigration Services allows asylum officers to bypass the need to interview certain applicants and instead refer them directly to immigration judges for removal proceedings.
The agency estimates that up to a third, or 444,000 of the more than 1.4 million asylum cases in its backlog, could be affected by the rule.
The administration framed the move as an effort to streamline the process and reduce the backlog of cases. The interim final rule takes effect Tuesday and is subject to a 60-day public comment period.
“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow said in a news release.
“America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole,” Edlow added.
But advocates for immigrants said the change leaves asylum seekers who tried to follow the law vulnerable to deportation.
Migrants can apply for asylum two ways: affirmatively or defensively.
Those who entered the country legally, such as on a visa, and still have lawful status apply with USCIS and have their cases decided by an asylum officer. Those who crossed the border illegally or who are undocumented can apply after being placed into removal proceedings, where they make their case to an immigration judge.
Immigration courts are not an independent system — they are housed under the Department of Justice and judges are federal employees.
That shift is significant because the Trump administration has fired more than 100 immigration judges and replaced them with military lawyers and former prosecutors for the Department of Homeland Security. Many of the fired judges were appointed during the Biden administration or previously worked as lawyers representing immigrants.
In recent months, immigration courts have approved a dwindling percentage of asylum claims as judges face pressure to approve more deportations. After immigration agents began arresting people in courthouses, many immigrants grew wary of showing up for court proceedings, which has aided the increase in removal orders.
USCIS refers thousands of cases to immigration courts each year, federal data shows. During the first half of this fiscal year, the agency transferred 31,454 cases to immigration courts — a number that was already on track to be higher than the 2025 yearly total of 40,932. The highest yearly total was 61,729 cases in 2019, during Trump’s first presidency.
USCIS said the current policy, which requires an asylum officer to first interview an applicant before deciding whether to send the case to an immigration judge, “essentially allows an alien to get a second chance at asylum.”
Todd Schulte, president of the immigrant advocacy organization FWD.us, noted that the rule change comes just after the Trump administration terminated temporary legal protections for hundreds of thousands of Haitians and others, many of whom entered the U.S. legally and applied for asylum the “affirmative” way. On X, Schulte called the move “a terrible harbinger.”
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