Trump Admin Overhauls Asylum Process to Fast-Track Deportations

President Donald Trump’s administration has found a new way to gut due process and fast-track deportation for asylum applicants.

U.S. Citizenship & Immigration Services, or USCIS, the agency that manages visas, green cards, naturalizations, and other aspects of the legal immigration process, published a new regulation Monday allowing officers to refer hundreds of thousands of asylum applicants directly to deportation proceedings without interviewing them.

The rule would scrap USCIS’s long-standing practice of offering interviews to asylum applicants already in the United States. The agency claimed that it had previously offered interviews despite there being “no statutory right to an interview or requirement to conduct one.” The rule would also remove references in Department of Homeland Security materials to a “right” to an interview and language asserting that asylum officers would review cases “in an interview.”

“This means many people will never get a chance to argue their case,” Aaron Reichlin-Melchick, a senior fellow at the American Immigration Council, wrote on X Monday. In order to receive asylum, applicants must demonstrate a well-founded fear of persecution in their home country.

The filing states that the new rule will “more quickly place certain aliens into removal proceedings” with immigration judges at the Executive Office of Immigration Review, or EOIR. Once asylum applicants are passed to the EOIR, the cases that are deemed “legally deficient” may be pretermitted, meaning those applicants can be deported without a hearing.

No interview and no hearing? That sounds like a clear violation of due process—which the Trump administration has been angling to obliterate for more than a year.

In addition, the new rule would allow asylum officers to “determine that the alien does not merit a grant [of asylum] as a matter of discretion without first making an eligibility determination,” and would also stop requiring a letter communicating that the basis for referral of asylum should include an assessment of the applicant’s credibility.

The rule was published Monday, to be implemented Tuesday without prior warning or public comment period—and will likely invite a slew of legal challenges under the Administrative Procedures Act. ...