RuleC3-2026-15190
Affirmative Asylum Referrals Without Interview
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 31, 2026
Issuing agencies
Homeland Security Department
Full Text
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<title>Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026)</title>
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[Federal Register Volume 91, Number 167 (Monday, August 31, 2026)]
[Rules and Regulations]
[Pages 55735-55737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: C3-2026-15190]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 208
[CIS No. 2851-26; DHS Docket No. USCIS-2026-0199]
RIN 1615-AD18
Affirmative Asylum Referrals Without Interview
Correction
[[Page 55736]]
Editorial note: This document is the only published correction
to 2026-15190. Due to technical issues, documents numbered C1-2026-
15190 and C2-2026-15190 do not exist.
In rule document 2026-15190 beginning on page 47101 in the issue of
Tuesday, July 28, make the following change
On page 47119, Table 3 should appear as follows:
Table 3--Summary of the Cost and Benefits of the Rule
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Description of the changes
Changes to the regulatory text Estimated benefits Estimated costs
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Referral of an affirmative asylum Amend regulations to Applicants-- Applicants--
application to EOIR without remove language stating <bullet> Reduced applicant <bullet> Possibility
interview. that an AO ``in an wait times and faster of increased wait
interview'' shall review case resolution at USCIS times and slower
the application and give for both meritorious case resolution for
the alien the opportunity claims and referrals.. some aliens who
to present any relevant [cir] Earlier clarity and under the previous
and useful information less time in legal process would have
bearing on any uncertainty.. asylum granted by
prohibitions on filing. [cir] Faster access to USCIS.
Update to 8 CFR 208.4(a).. long-term protection and Government--
Amend regulations to family re-unification.. <bullet> Possible
permit an AO to refer an [cir] Better preservation costs to DOJ to
affirmative Form I-589 to of evidence.. develop certain
EOIR without interview, [cir] Earlier work elements of the
based on the record and authorization for aliens case during removal
other relevant evidence.. who are approvable.. proceedings where
Addition of 8 CFR Sec. [cir] Earlier access to USCIS no longer
208.9(a)(2).. INA 240 removal performs an
Amend regulations to proceedings.. interview.
remove language referring [cir] Earlier access to <bullet> Possible
to ``right to an'' procedural protections.. new costs to DOJ
interview.. [cir] Reduced procedural for processing
Update to 8 CFR Sec. redundancy.. referred asylum
208.10.. <bullet> Better cases that USCIS
Amend regulations to understanding of the could have granted.
include that an AO can asylum process..
refer an asylum [cir] Explaining that an
application to EOIR interview may not be
without offering an offered for all cases..
opportunity for an [cir] Greater awareness to
interview, and to remove submit any and all
language referring to evidence in support of
``applicant's right to the asylum application at
an'' interview.. the time of filing..
Update to 8 CFR Sec. [cir] Improved application
208.14(c).. quality and completeness..
Amend regulations to [cir] Aliens who are
remove the requirement better prepared for the
that a letter asylum process..
communicating the basis Government--..............
for referral of asylum <bullet> Increased
include an assessment of operational efficiency
the alien's credibility.. and reduction in USCIS'
Update to 8 CFR Sec. affirmative asylum
208.19.. backlog..
Amend previous agency [cir] Time and resource
practice so that an AO savings (AO time,
may refer an application interpreter resources,
as a matter of discretion and administrative
without first making an support) for USCIS that
eligibility could be reallocated to
determination. (No change other priority caseloads..
to a regulatory [cir] More efficient
provision).. adjudications within
USCIS, especially in
cases where aliens
clearly fail to meet
their burden to establish
eligibility..
[cir] Reduced duplicative
work for USCIS and EOIR..
[cir] Give USCIS
flexibility to issue
future policy guidance
about which categories of
cases should be
prioritized for referral
without interview..
[cir] Give AOs the ability
to focus a decision
letter on the basis for
referral, where
credibility is not the
basis for referral..
[cir] More efficient
drafting of referral
decision letters..
<bullet> Improvements to
national security and
public safety.
[cir] Accelerate
adjudication and reduce
the amount of time that
potentially dangerous
aliens remain in the
community.
[cir] Reduce the number of
in-person encounters in
USCIS facilities for
ineligible aliens who
also pose a danger to the
public, thereby lowering
the exposure risk for
AOs, interpreters,
attorneys, and other
government staff working
in public-facing
interview spaces.
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Source: USCIS Analysis.
[[Page 55737]]
[FR Doc. C3-2026-15190 Filed 8-28-26; 8:45 am]
BILLING CODE 0099-10-D
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