[REVISION HISTORY]

US asylum reform and court surge amid fee hikes

Updated 7 times since CLSTR started tracking revisions of this situation.

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2026-08-26 07:48 UTC → 2026-08-27 02:20 UTC · added ~~removed~~

In late July 2026, the Department of Homeland Security (DHS) implemented an interim final rule allowing USCIS to refer certain affirmative asylum applications directly to immigration judges, bypassing the mandatory interview stage. Effective July 28, this Trump administration policy targets approximately 445,000 pending cases—roughly 31% of the 1.4 million-plus backlog—and an estimated 132,000 future annual filings. USCIS Director Joseph Edlow described the change as a way to focus resources on legitimate claims, while critics warn it may disproportionately impact migrants from Cuba, Venezuela, Haiti, and Syria and reduce procedural safeguards. Simultaneously, DHS has raised immigration application fees and tightened waiver requirements. This increased cost structure, combined with fears regarding the administration's immigration stance, has coincided with a sharp decline in naturalization filings. Data shows new citizens dropped from 818,500 in 2024 to approximately 97,000 in 2025, with only 27,569 cases processed by April 2026. The policy shifts have strained the immigration court system. Data from Mobile Pathways indicates a surge in “mega” master hearings, with over 1,300 recorded in June—a near-threefold increase from the prior year. As preparation time has fallen from six months to just over one month, the accelerated schedule has led to more missed court dates and immediate deportation orders, triggering lawsuits alleging violations of protections for vulnerable minors. In August 2026, the U.S. Supreme Court issued a 6-3 decision in Mullin v. Al Otro Lado, ruling that asylum seekers must be physically present on U.S. soil to qualify as having “arrived in” the country. ~~This ruling allows DHS to turn back individuals remaining outside U.S. territory, effectively reviving the “metering policy.”~~ Following this, the White House announced plans to revoke short-term non-immigrant visas for foreign nationals who entered the country as visitors but subsequently applied for asylum. By late August 2026, lawmakers including Senator Dick Durbin and Representative Mike Quigley raised concerns regarding alleged due process violations at an immigration court in Chicago.

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