C3-2026-15190: Affirmative Asylum Referrals Without Interview

Federal Register, Volume 91 Issue 167 (Monday, August 31, 2026) [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 [www.gpo.gov] [FR Doc No: C3-2026-15190] ======================================================================= ----------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- Description of the changes Changes to the regulatory text Estimated benefits Estimated costs ---------------------------------------------------------------------------------------------------------------- Referral of an affirmative asylum Amend regulations to Applicants-- Applicants-- application to EOIR without remove language stating Reduced applicant 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.. 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 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.. 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 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.. 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. ---------------------------------------------------------------------------------------------------------------- Source: USCIS Analysis. [[Page 55737]] [FR Doc. C3-2026-15190 Filed 8-28-26; 8:45 am] BILLING CODE 0099-10-D