The US Citizenship and Immigration Services has removed the requirement for asylum officers to conduct initial, non-adversarial interviews, sending applicants directly to immigration judges for removal proceedings.
In New York
The Trump administration has announced another round of far-reaching immigration changes that will make filing for asylum for Kenyans and other African immigrants harder, with a higher risk of deportation.
The changes by the US Citizenship and Immigration Services (USCIS) do away with the requirement that asylum officers should interview certain applicants. Instead, it refers them directly to immigration judges for removal proceedings.
The USCIS argues that the old policy, which required 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.”
Charles Wanjohi, an immigration attorney with the Wanjohi & Muli Law Firm, told the Nation: “It has been the standard practice for USCIS asylum officers to be the first person that an asylum applicant encounters to explain their fears. This is in consideration that many asylum applicants are victims of traumatic experiences. Eliminating the asylum officer interview removes an important safeguard that has long been part of the process.”
He emphasises that asylum officers are specially trained to conduct non-adversarial interviews that allow applicants to fully explain why they fear returning to their home countries.
This happens before they are placed in removal proceedings if the officer is not convinced of their eligibility. Wanjohi thinks that humanitarian concerns should triumph over efficiency.
“For many Kenyans and other asylum seekers, the effect will be that many applicants are placed in removal proceedings to face a judge in an adversarial atmosphere,” Wanjohi said.
A supporter of US President Donald Trump talks on his phone in front of protesters opposing possible Immigration and Customs Enforcement raids in public schools outside the State Department of Education during their monthly board meeting in Oklahoma City, Oklahoma, US on January 28, 2025.
"The USCIS will be considering the prima-facie eligibility of the case as filed. To avoid being placed in removal proceedings, applicants should make efforts to supplement their pending applications to ensure that the USCIS may not find that their application as filed does not bring out an eligible asylum claim.”
Critics of the new policy see it as the Trump administration’s biased view that asylum officers are softer on applicants than immigration judges.
But is this a bureaucratic effort from the President to speed up mass deportations and advance his immigration crackdown?
“This policy is consistent with the Trump administration's broader objective of tightening immigration enforcement and reducing multiple layers of review in the asylum process. Whether one views that as promoting efficiency or limiting procedural protections will largely depend on one's perspective,” Mr Wanjohi says.
He adds that more applicants are likely to find themselves in removal proceedings soon. Wanjohi states that the USCIS is, in fact, placing a considerably higher number of asylum applicants in removal proceedings even after the interview than before.
He is, however, quick to urge calm among the Kenyan community in America: “My advice to Kenyans is not to panic, but to understand that the asylum process has become significantly more demanding. Those with genuine protection claims should seek competent legal advice as early as possible, ensure their applications are thoroughly prepared, and support their cases with credible evidence. Strong cases can still succeed, but the margin for error is becoming much smaller.”
This change from USCIS on asylum claims comes after the Trump administration recently terminated temporary protection status (TPS) for Ethiopians, Somalis, South Sudanese, Haitians, Syrians, Yemenis and Sudanese.
The potential long-term impact of this policy change will be to deny many cases without regard to the fairness of the determination that used to lie with an immigration asylum officer.
Recently, immigration courts have approved a dwindling percentage of asylum claims as judges face pressure from the Trump administration to approve more deportations.
Interviews with asylum officers are regarded as non-adversarial. This is because asylum officers are trained to understand country conditions, and the interviews take place in a private room.
However, in immigration court proceedings, which include prosecutors for the federal government, immigrants aren’t entitled to an attorney as in criminal proceedings.
US President Donald Trump points his finger during a cabinet meeting in the Cabinet Room at the White House, in May 27, 2026.
Prof Kefa Otiso of Bowling Green University in Ohio sees a continuation of tough Trump immigration policies in the days ahead.
"Trump vowed to continue his immigration crackdown. He specifically mentioned Somalia negatively but, in short, tougher immigration enforcement will affect most African countries,” he says.
Advocates for immigrants and other experts say these new changes in the asylum application process leave asylum seekers who tried to follow the rules, even more susceptible to detention and deportation.
New York-based attorney Blaise Odhiambo gives advice on asylum claims.
“Get a good attorney who can speak to your real fear of persecution due to your race, religion, nationality or membership in a particular social group or political opinion,” he says.
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