
Trump administration officials are considering a policy change that could make it more difficult for asylum seekers to have their cases reviewed by U.S. immigration authorities by allowing applications to be rejected without first conducting interviews.
According to internal government documents obtained by CBS News, the proposal would authorize officers with U.S. Citizenship and Immigration Services (USCIS) to deny asylum applications if they determine the claims were filed more than one year after an applicant entered the United States.
Under the plan, USCIS would then be able to refer those applicants directly to deportation proceedings within the Justice Department's immigration court system, which has undergone significant changes during Trump's second term as officials seek to reduce the number of successful asylum claims.
Since January 2025, hundreds of immigration judges have either been fired, retired or left their positions. More than 140 new judges have since been appointed, many of whom reportedly lack extensive backgrounds in immigration law and have received less training than their predecessors.
In addition to reshaping the immigration court system, the administration has adopted other measures that critics say have made it harder for migrants to pursue their claims through the courts.
According to a Washington Post report published in April, new guidance from the Justice Department's Board of Immigration Appeals has led judges to deny bond hearings and dismiss cases at the government's request, allowing immigration authorities to keep some defendants in detention. The report also said judges have been encouraged to apply a more restrictive approach to asylum cases, while denials have increased sharply.
Data from the Transactional Records Access Clearinghouse shows asylum denials rose to 82,371 during the last fiscal year, which ran from Oct. 1, 2024, through Sept. 30, 2025. The share of asylum cases approved fell to less than 5% in February, compared with 48% during the same month in 2024 under former President Joe Biden.
A USCIS spokesperson told CBS News the proposal is one of several options under consideration to address a backlog of more than 1 million asylum cases, which the agency attributed to what it described as the Biden administration's "dangerous open borders policies."
"This would allow USCIS to avoid wasting time on asylum applications that it would otherwise refer to immigration proceedings and will allow illegal aliens to have their claims heard by a judge," the spokesperson said.
Conchita Cruz, an immigration attorney and executive director of the Asylum Seeker Advocacy Project, told CBS News she is concerned the proposal could place applicants into deportation proceedings without giving them an opportunity to explain the circumstances of their cases.
"The government would be changing the rules on immigrants who have been navigating a complex immigration process, often for many years," Cruz told the outlet.
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