Final rule · 2026-15190

Affirmative Asylum Referrals Without Interview

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.