Explainer | New Rule Puts Asylum Seekers at Risk, Tramples Due Process Protections

The Department of Homeland Security (DHS) published an interim final rule (IFR) on July 28th allowing U.S. Citizenship and Immigration Services (USCIS) to bypass the vital asylum interview process under several scenarios, changing over three decades of government policy. In effect, the rule will essentially lead to USCIS transferring much of its massive backlog to the immigration courts.

This explainer provides materials for groups and individuals looking to submit a comment opposing the latest anti-asylum rule. Even when an administration is unlikely to change course on a rule, it is important for organizations and members of the public to submit comments to ensure their expertise, concerns, and evidence become part of the official record. Those comments can influence future rulemaking, support legal challenges, and help policymakers understand the real-world impacts on impacted communities and stakeholders. The deadline to submit comments on the interim final rule is September 28, 2026, before 11:59 p.m. Eastern Time.