immigration judge

WASHINGTON — In its latest move to restrict the legal immigration system, the Trump administration announced a sweeping change Monday that could lead to the deportations of thousands of asylum seekers.

The change from U.S. Citizenship and Immigration Services allows asylum officers to bypass the need to interview certain applicants and instead refer them directly to immigration judges for removal proceedings.

The agency estimates that up to a third, or 444,000 of the more than 1.4 million asylum cases in its backlog, could be affected by the rule.

The administration framed the move as an effort to streamline the process and reduce the backlog of cases. The interim final rule takes effect Tuesday and is subject to a 60-day public comment period.

“For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” USCIS Director Joseph Edlow said in a news release.

“America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole,” Edlow added.

But advocates for immigrants said the change leaves asylum seekers who tried to follow the law vulnerable to deportation.

Migrants can apply for asylum two ways: affirmatively or defensively.

Those who entered the country legally, such as on a visa, and still have lawful status apply with USCIS and have their cases decided by an asylum officer. Those who crossed the border illegally or who are undocumented can apply after being placed into removal proceedings, where they make their case to an immigration judge.

Immigration courts are not an independent system — they are housed under the Department of Justice and judges are federal employees.

That shift is significant because the Trump administration has fired more than 100 immigration judges and replaced them with military lawyers and former prosecutors for the Department of Homeland Security. Many of the fired judges were appointed during the Biden administration or previously worked as lawyers representing immigrants.

In recent months, immigration courts have approved a dwindling percentage of asylum claims as judges face pressure to approve more deportations. After immigration agents began arresting people in courthouses, many immigrants grew wary of showing up for court proceedings, which has aided the increase in removal orders.

USCIS refers thousands of cases to immigration courts each year, federal data shows. During the first half of this fiscal year, the agency transferred 31,454 cases to immigration courts — a number that was already on track to be higher than the 2025 yearly total of 40,932. The highest yearly total was 61,729 cases in 2019, during Trump’s first presidency.

USCIS said the current policy, which requires an asylum officer to first interview an applicant before deciding whether to send the case to an immigration judge, “essentially allows an alien to get a second chance at asylum.”

Todd Schulte, president of the immigrant advocacy organization FWD.us, noted that the rule change comes just after the Trump administration terminated temporary legal protections for hundreds of thousands of Haitians and others, many of whom entered the U.S. legally and applied for asylum the “affirmative” way. On X, Schulte called the move “a terrible harbinger.”

NEW YORK — Former Columbia University graduate student Mahmoud Khalil will ask the U.S. Supreme Court to intervene after a federal appeals court on Friday declined to reconsider a decision that put the government a step closer to deporting him, the pro-Palestinian activist’s lawyers said.

Judges on the 3rd U.S. Circuit Court of Appeals in Philadelphia voted 6-5 against having the court’s full complement of judges review the ruling. In January, a three-judge 3rd Circuit panel found that a federal judge in New Jersey who had sided with Khalil and ordered his release last year from immigration detention didn’t have jurisdiction to decide the matter.

The American Civil Liberties Union, which is involved in representing Khalil, said his lawyers will ask the 3rd Circuit for an order preventing the decision from taking effect — and barring Khalil from being detained or deported — while it asks the Supreme Court to take up the case.

An appeal to the high court is expected in the coming months, possibly in late summer.

“Today’s decision is not the final word, and we still strongly believe in our arguments going forward,” ACLU senior counsel Brett Max Kaufman said in a statement.

In its January ruling, the 3rd Circuit found that Khalil’s lawsuit challenging his detention and U.S. District Judge Michael Farbiarz’s subsequent rulings in the case were premature because federal law requires that such challenges first move through the separate immigration court system. That system is part of the Justice Department, not the judicial branch.

The decision didn’t decide the key issue in Khalil’s case: whether the Trump administration’s effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional.

Judge Cheryl Ann Krause, who had voted for the 3rd Circuit to review the decision, wrote in a dissent that the court was “abdicating our duty to meaningfully review Khalil’s constitutional claims. The Judicial Branch, she wrote, cannot fulfill its role as a check on the other branches of government, “if we write ourselves out of relevance and leave the Executive Branch to check itself.”

Khalil, 31, has also appealed to the 5th U.S. Circuit Court of Appeals in Louisiana, where he was detained, after the Board of Immigration Appeals upheld his removal order.

Through his lawyers, Khalil argued that the immigration judge who issued the order failed to consider relevant evidence and wrongly upheld a charge that he had misrepresented information on his application for legal permanent resident status. That charge, Khalil’s lawyers said, was brought in retaliation for his protest activity.

The immigration judge suggested Khalil could be deported to Algeria, where he maintains citizenship through a distant relative, or Syria, where he was born in a refugee camp to a Palestinian family. Khalil’s lawyers have said he would face mortal danger if forced to return to either country.

An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested in March 2025. He then spent three months detained in a Louisiana immigration jail, missing the birth of his child.

Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to support the claim and have not accused him of criminal conduct. They also accused Khalil of failing to disclose information on his green card application.

Khalil has dismissed the allegations as “baseless and ridiculous,” framing his arrest and detention as a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”

The government justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to U.S. foreign policy interests. In June 2025, Farbiarz ruled that justification would likely be declared unconstitutional and ordered Khalil released.

President Trump’s administration appealed that ruling, arguing the deportation decision should fall to an immigration judge, rather than a federal court. The 3rd Circuit ruled 2-1 in the administration’s favor.

Judge Emil Bove, who was involved in investigating student protesters while a top Justice Department official, did not participate in the 3rd Circuit vote on whether to review the decision. He later issued an order denying a request by Khalil’s lawyers that he step aside from the matter, calling it moot.

Sisak writes for the Associated Press. AP writer Lindsay Whitehurst contributed to this report.