The U.S. Department of Homeland Security (DHS) issued the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a regulatory change aimed at reducing the backlog of cases in the asylum system, according to a statement released on Monday, July 27, 2026.

Currently, both USCIS and immigration judges within the Department of Justice (DOJ) review asylum applications: USCIS handles so-called “affirmative” asylum applications, filed by foreign nationals who are not in removal proceedings, while immigration judges handle so-called “defensive” applications, filed by foreign nationals who are in such proceedings. Depending on the foreign national’s immigration status, USCIS generally reviews the application or refers it to an immigration judge, who then conducts a new review of the case. This essentially gives the foreign national a second opportunity to obtain asylum, according to the statement.