Representatives Morgan McGarvey (KY-03) and Pramila Jayapal (WA-07) led 69 Congressional Democrats in a letter to the Department of Homeland Security (DHS) calling on the Trump administration to withdraw its new rule allowing asylum officers to reject an affirmative asylum seeker’s case without an interview and refer him or her directly to immigration court for deportation proceedings.
Urge the Department of Homeland Security and Trump administration to withdraw the rule allowing asylum officers to reject affirmative asylum cases without an interview and refer applicants directly to immigration court for deportation proceedings.
Occurrences
Evidence
legacy_unverified · Source version not recorded · locator unknown
DHS is amending its regulations to permit USCIS to refer certain affirmative asylum applications to EOIR without interview. Effective date: July 28, 2026; comments due September 28, 2026.
unverified · Source version 45313 · locator unknown
McGarvey sent an urgent Congressional inquiry and records request to ICE about a detained constituent with a valid work authorization and pending asylum claim, requesting records by August 5, 2026.
Assessments
The DHS interim final rule allowing affirmative asylum referrals without interview is effective as of July 28, 2026 and remains open for comments through September 28, 2026, with no evidence that it has been withdrawn. The available McGarvey evidence shows related immigration oversight involving a detained asylum claimant, but not a request that DHS or the Trump administration withdraw this specific rule. Because McGarvey remains in federal office and the rulemaking is still active, the promise is not yet failed, but it is not delivered on the current record.