Tell USCIS: Don't strip asylum seekers of their right to be heard

USCIS has issued a new rule that lets immigration officers refer asylum seekers straight into deportation proceedings — without ever giving them an interview.

Can you take just a few minutes to personalize and submit your comment today and let USCIS know that you vehemently oppose this rule?

By law, administration officials must review and respond to all unique comments, which is why it’s so important that you add in your personal touch — a bit more about yourself and why you support asylum seekers. HIAS will then deliver your public comment on your behalf.

For decades, this interview has been the first opportunity for asylum seekers to explain their case to a trained asylum officer before anything else happens. Under this new rule, an officer can decide if someone doesn't qualify for that discussion — and refer them straight to removal proceedings — based on paperwork alone. The officer's decision letter won't even have to say whether they found the person’s claims to be credible.

This rule is already in effect. But for a limited time it's open for public comment, and every comment becomes part of the official record — a record that matters for future legal challenges and oversight.

Please add your comment to tell USCIS how this rule will harm asylum seekers before the comment period closes on September 28, 2026. Anyone may submit a comment, but comments must be submitted in English.

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Docket ID: USCIS-2026-0199

I am writing to oppose the interim final rule allowing U.S. Citizenship and Immigration Services to refer affirmative asylum applications to immigration court without an interview.

The asylum interview is not a formality. For many people, it is the first and only chance to explain in a non-adversarial setting, to a trained officer why they fled their home country and why they fear returning. This rule allows that opportunity to be skipped entirely, and lets USCIS refer someone into removal proceedings based on a paper record alone. The rule text admits this policy will send applications they could have approved to immigration court, where asylum seekers have no right to government-appointed counsel and where immigration judges are making decisions in increasingly adversarial settings. It also removes the requirement that an officer explain whether they found the applicant credible when making that decision.

I am especially concerned that this rule will affect people who missed a filing deadline, who have limited English or legal support, or whose written applications don't fully capture what happened to them — people who might otherwise have been able to explain themselves in an interview. These policies will disproportionately affect the most vulnerable asylum seekers and continue to increase pressure on already-overwhelmed immigration courts. The right to due process ensures that every person can meaningfully take part in their own case, and this policy removes a critical guardrail against asylum seekers’ applications being unjustly adjudicated. It makes it more likely that people with real, valid claims for protection will be sent into deportation proceedings without ever being heard.

I urge USCIS to withdraw this rule and restore the right to an interview for every asylum applicant.

Thank you

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