Immigration Equality (et al.) v. Mullin

Challenging Rule That Sends Asylum Seekers to Immigration Court Without Interviews

Human Rights First and co-counsel NIJC and CGRS are challenging a new interim final rule that allows U.S. Citizenship and Immigration Services (USCIS) to send people seeking asylum directly to immigration court without first assessing their legal claims in an affirmative asylum interview.

The lawsuit was filed in the U.S. District Court for the District of Columbia on behalf of Immigration Equality, Oasis Legal Services, HIAS, and the Florence Immigrant & Refugee Rights Project. The organizational plaintiffs represent thousands of people with affirmative asylum applications pending before USCIS.

The new rule allows asylum officers to refer cases to immigration court for deportation proceedings, based only on their written application, without ever speaking to the asylum seeker about the persecution they fled. The rule took effect July 28, 2026 and applies to new and pending applications.

Timeline

• On August 19, 2026, Human Rights First and co-counsel commenced this lawsuit in the U.S. District Court for the District of Columbia.