The U.S. Department of Homeland Security (DHS) has introduced a significant change to the asylum application process, allowing U.S. Citizenship and Immigration Services (USCIS) to refer asylum cases directly to immigration courts without conducting initial interviews.

This interim final rule, effective immediately, aims to address the overwhelming backlog of over 3.1 million pending immigration cases, which includes more than 2.3 million affirmative asylum applications.

Key Changes in the Asylum Process

  • Previously, asylum seekers not in removal proceedings underwent interviews by USCIS before a case could be denied and referred for a second review by an immigration judge.
  • The new rule removes the mandatory USCIS interview, allowing cases to be forwarded to immigration courts without this step.
  • DHS states this will reduce case duplication and accelerate processing times.
  • The rule primarily targets approximately 445,000 cases deemed ineligible or filed after the one-year deadline, though USCIS retains discretion in its application.

Implications for Kenyan Asylum Seekers

  • Applicants must ensure their written submissions and evidence are comprehensive, as there may be no chance for verbal clarification.
  • Cases could be resolved more swiftly, which benefits some but puts those with incomplete documentation at risk.
  • Legal representation becomes critical to navigate the streamlined process.
  • Earlier in 2026, federal courts overturned Trump-era restrictions targeting nationals from 39 countries, including Kenya, broadening access. However, this procedural change now affects all asylum seekers regardless of nationality.

Immigration advocates warn the rule could strip away due process protections, potentially leading to wrongful deportations. Kate Jastram, Policy and Advocacy Director at the Center for Gender and Refugee Studies, criticized the move as undermining life-or-death asylum decisions and increasing deportations to dangerous conditions.

Public comments on the rule are open until 28 September 2026, after which USCIS will finalize the regulation. Immigration lawyers are advising applicants to file detailed and well-supported claims promptly to mitigate risks posed by the accelerated process.