At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 28, 2026, the public comment period closes on the interim final rule from the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) that allows certain affirmative asylum applications to be referred to immigration court without a prior interview.
The end of the comment window does not make the rule go away, and it does not mean the rule starts today. Here is what the deadline changes, what stays the same, and how to prepare your case.
What ends today, and what comes next?
The rule, Affirmative Asylum Referrals Without Interview, was published in the Federal Register on July 28, 2026 (91 FR 47101, docket USCIS-2026-0199) and took effect the same day. As an interim final rule, it applies from publication while the agency collects comments.
What ends today is the formal window for individuals and organizations to weigh in. What does not change is that the rule is in force: USCIS can keep referring cases without an interview tomorrow just as it could yesterday. On August 31, DHS also published a technical correction (91 FR 55735) that fixed a table in the text without expanding its scope.
With the comment period closed, DHS must review the comments and decide whether to issue a final rule as written, revise it, or keep the interim version in place. There is no fixed deadline for that decision.
The criticism is already on the record. Ben Johnson, executive director of the American Immigration Lawyers Association (AILA), warned that the rule “will worsen the massive backlogs clogging the immigration courts by shifting thousands of cases from USCIS to judges who take much longer to hear cases than asylum officers.” As of this writing, we have not identified a lawsuit challenging the rule; we will update this article if one is filed.
Who could be affected?
According to DHS, 1,434,145 affirmative asylum applications were pending at the end of fiscal year 2025, and 444,724 of them were filed more than a year after arrival. The agency estimates the rule could apply to roughly 132,167 new filings each year.
USCIS may refer a case without an interview when, based on the record, it concludes that the applicant:
- Is barred from applying: for example, filing after the one-year deadline without showing an exception.
- Is barred from a grant: such as certain serious crimes or security grounds.
- Does not merit a favorable exercise of discretion or is not eligible on the merits.
- Has no lawful basis to remain in the U.S.: applicants who hold valid status generally receive a notice of intent to deny, not a referral to court.
Does a referral to court mean deportation?
No. A referral means your case moves from USCIS to an immigration judge after DHS issues a Notice to Appear (NTA). There you can seek asylum again, now as defensive asylum, and present evidence, witnesses, and your own testimony.
What does change is the setting. In court there is a government attorney, deadlines are stricter, and there is no interview where you can clarify a wrong date or complete a statement. That is why your written application and initial evidence carry more weight than ever.
What can you do now?
- If you have not filed your I-589: file it complete from day one, with no blank boxes and nothing left “to be supplemented.”
- If you already filed: have an attorney review whether your record has gaps worth filling with additional evidence.
- One-year deadline: if you filed late, document in writing the exception that applies to you.
- Consistency: your statement must match your entry documents and anything you told Customs and Border Protection (CBP) or USCIS before.
- If you receive an NTA: do not ignore it. Missing your hearing can lead to a removal order in absentia.
- Do not travel abroad with a pending asylum case without advance parole: it is presumed to abandon your application.
Protect Your Immigration Status with Campos Law Firm
Closing a comment period does not change the rules of the game; they changed in July. Our team prepares every asylum application as if it were the only document an officer will read, and builds the immigration court defense from the outset in case the case gets there. In a country where every decision can change your future, having the right information is your best tool.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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