Homeland Security Department
The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Homeland Security 8 CFR Part 208 [CIS No. 2851-26; DHS Docket No. USCIS-2026-0199] RIN 1615-AD18 ( printed page 47101) AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Interim final rule with request for comments. SUMMARY: The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility. DATES: Effective date: This interim final rule (IFR) is effective July 28, 2026. Comment due date: Written comments on this interim final rule must be submitted on or before September 28, 2026. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. ADDRESSES: You may submit comments on the entirety of this rulemaking package, identified by DHS Docket No. USCIS-2026-0199 through the Federal eRulemaking Portal: http://www.regulations.gov . The summary of this rule may also be found at http://www.regulations.gov . Follow the website instructions for submitting comments. Comments must be submitted in English, or an English translation must be provided. Comments that will provi…
Citation: 91 FR 47101
